IndeJc of Duties of State 
Superintendent. 



Page 



APPEALS. 

Examine and detennine all. 

item 4 

Hear, teachers* 

Hear and decide from action . 

of school dist .meeting held 

and prohibited 

APPROVAL . 

Maps, charts, globes, appara- 
tus ( inferred ) 

Books on narcotics Ls. *85Ch. 
Approval filed Dec. 22, *90 . 
Approve teachers schools for 



.O T I 




200 
92 



154 



62 
327 



315 

178 
201 
201 
118 
101 



91 



101 



COI;!MON SCHOOLS, 



Supervise, inspect , diffuse 
knowledge of defects and 
improvements 199 

Discourage sectarian text- 
books and instruction 199 
Print, index & distribute lav/s 
relating to 200 
Prepare and furnish blanlis for 
reports of 
Require item.s its register of 

COLLEGES . 

Determine scope of study of 
some 

FREE HIGH SCHOOLS . 

Make separate class of 152 

Eix amt. funds for special 

class of 152 



200 j 

84,100 & 113' 



97 



Certify amt. funds for 150 & l5l 

Prepare & furnish course of 

study for 148 

Examine and Certificate 

teachers for 148 



Furnish blank forms for 

reports of 149 

Supervise" an.; inspect 153 

Call Prof, of University to 

assist in supervision of 148 

INSTITUTES . 

Designate places for 197 

Make rules -and course of 
study for 197 

Use $1,000 for 198 

Em.ploy agent to conduct 197 
Gall assistance of Prof. of 
University 198 

LIBRARIES ♦ 

Advise a selection of books 
for dist. libraries 31 

Duty towards, Ls. '89 Ch.284 & 011288 
Prepare lists of books 
annually for public school 
libraries and furnish them to 
supervisors Ls«*87 Chapter 426 
Direct expenditure for purchase 

Ls. '87 Chapter 426 

MAPS. 

Rail Road. Distribute 5000 163 

NORIvIAL SCHOOL S 

Be ex-officio member board of 
regents of 192 

Appoint Visitors to 197 

Countersign diplomas and 
certificates of 96 

MAKE 



And deliver to Governor 200 
limited number of pages 
Ls. '85, Ch. 303 

Of correspondence to legis- 
lature 199 
Lay reports of academies and 
colleges before legislature 198 & 199 
REPORTS, RECEP/E . 

Eurnish blanks to officers 



making reports J-i-^ 

Prom trustees of academies 

and colleges l^S 

Erom Visitors of Normal 

Schools - 197 

From managers of schools for 

deaf Ls, '85, Chapter 315 

From Clks.of cities, villages 

and Co. Supts. • 119 

SCHOOLS FOR DEAF » 

Permit establishment of 

Ls. '35, Chapter 315 



Approve affidavrt of teacher 

of, as to state aid,Ls. '85,Ch. 315 

SCHOOL FUND.- INC OI.I E> 

Apportionment of 182 

Apportionment prohibitions, 

several items 182 

Apportionment of , certificate 

of, to Co.Clk.& Co.Treas. 184, 185 

Countersign diplomas, 

University (2 items) 96, 97 

Countersign Dips. Colleges 97 
Count. Dips. Normals (& Certif. ) 96 
Count. Dips#Mil. city Normal 98 

UNIVERSITY . 

Be ex-off icio member of board 

regents of 187 & 188 

Countersign diplomas of 96, 97 

WEBSTER'S UNABRIDGED DICTIONARY . 

Furni sh 163 

Account of sales of 163 

Ls. *80 Ch.23 & Ls.'32,Ch.45 
Annotated Stst ' s.Vol. I ,p. 331 

Re\?uire verification of Cen. 113. 

TEXT BOOKS . 

Recommend 199 

Secure uniformity of 199 

Discourage use of sectarian 
and of sectarian instruction 199 
Approve of for instruction in 
Stimulants & narcotics Ls.'85 

Chapter 327 

Approvals or. filG-Letter Book 



14, p. 174 d: Supt, Graham July 14, oio> 

TEACHERS CERT IFI GATES « 

Re-examine and certificate 

Appellants 92 

Issue state limited and life 

record dates, and revoke, 93, 94 

Q,ualify teachers of schools 

for deaf Ls. *85, Chapter 315 

Examine and certify teachers 

of free high schools 148 

STATE SUPT. 

Choice 202 Term 199 

Certificates election, oath 199 

Appoint assistants 153, 199 
Appoint chief clerk Ls.*82 Ch. 57 

Appoint clerk Ls. * 87 Ch. 358 

'89 Ch. 157 
Appoint examiners, audit ex- 
penses 93 & 94 
Office in Capitol 201 

Custodian of books, papers 

apparatus 199, 200 

Correspondence 200 

Correspondence abroad 199 

Purchase books 200 

Supervise common schools 199 

Not act as agent 161 

Pees 200 

Compensation, limiit 202 

Expenses, clerk hire, R.S. 170 
Vacancies in offices Ls.*89 

Ch. 361 and 427. 

"Furnish Blanks & Shh'l Ls. 119 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS 



INCLUDING FREE HIGH SCHOOLS; 



ALSO, THOSE RELATING TO 



Normal Schools and the University. 



COMPILED FROM THE REVISED STATUTES OF 1878, 

AND THE LAWS OF 1879-18f/ INCLUSIVE, AND 

PUBLISHED IN PURSUANCE OF LAW, 



UNDER THE DIRECTION OP 

JESSE B. THAYER, 

State Superintendent. 




;iS!ON or 



MADISON, WISCONSIN: 
democrat printing company, state printers. 

1890. 



S9° 



TO SCHOOL OFFICERS. 



This volume is public property, and belongs to the school- 
district, or town, or high school-district, or city, or county 
superintendent district to which it is sent. The volume sent 
to the district clerk is to be kept by him in his office, for his 
own use and that of the other members of the board, but 
may be loaned by him to any voter of the district, to be 
retained not exceeding five days. If an annual, special, or 
adjourned meeting is to take place within ten days, this 
book should not be loaned to any person, but retained by 
the clerk, and .produced by him at such meeting for consul- 
tation by the voters. 

In like manner the volume furnished to each town clerk 
is to be kept by him in his office, for his official use and that 
of the board of supervisors. 

When sent to any school officer, he holds it only in his 
official capacity, and it should be carefully preserved and 
handed over to his successor in office. 



MA3 5 1301., 
D, ot D, • 



NOTE TO THE READER. 



A new edition of the School Code was rendered necessary 
in consequence of the changes made in the school laws, in 
the general revision of the statutes, and was prepared by 
direction of the state superintendent, in 1878. Editions 
supplementary to that were published in 1880, and in 1885. 
Since that date several important changes in the school 
laws have been made, and on this account, as well as be- 
cause the former edition is exhausted, a new edition has 
become necessary, and is designed to meet the call from 
new districts and otherwise. 

In this edition, the laws relating to common schools, free 
high schools, normal schools, and University of Wisconsin, 
as well as those relating to county superintendents, and 
teachers' institutes, as amended by legislation subsequent 
to that embodied in the revised statutes of 1878 and includ- 
ing that of 1889, are included. 

The compulsory school law of 1889 will be found in this 
edition. It also embraces the changes made in the free 
high school law in 1879, 1883, 1885, and in 1889. 

No material changes in the comments or forms of former 
editions have been made, except when made necessary by 
changes in the law or recent decisions of courts. 

Preceding each section of the revised statutes that has 
been amended, is a statement of the chapter of the session 
laws where the amendment is to be found, but the amend- 
ment is incorporated in the section. 

Where a new law has been enacted, the title of the law 
is given, and the law is included in the code, in its proper 
connection. 

A table of contents on the next page, and an index at the 
close of the volume facilitate reference. 



CONTEISTS. 



I. Formation, Alteration, Meetings, and Powers of 

Districts, - - - - -- - • - 5-52 

II, District Officers— District Board, - - - - 53-87 

III. Certificates and Examinations, .... 87-100 

IV. The County Superintendent, 101-112 

V. Reports, 112-119 

VI. Duties op Town Clerk and Treasurer, ... 119-121 

VII. District Taxes, 122-124 

VIII. Borrowing Money, - 124-129 

IX. Establishment of School-House Sites, ... 129-132 

X. Libraries, -•.. 132-143 

XI. Judgments against School-Districts, - - - 143-144 

XII. Free High Schools, 144-154 

XIII. Appeals, 154-160 

XIV. Penalties and Miscellaneous Laws, ... 160-167 
XV. Township System of School Government, - - 168-182 

XVI. Of the Distribution of the School Fund Income - 182-187 

XVII. Of the University, 187-192 

XVIII. Of Normal Schools and Academies, - - - 192-199 

XIX. The State Superintendent, 199-201 

XX. Constitutional Provisions, 202-203 

XXI. Forms, 204-231 



LAWS RELATING TO COMMON SCHOOLS. 



Chapter 27, Revised Statutes of 1878. 

L— FORMATIOI^, ALTERATIOIS^ MEETI^^GS, AND 
POWERS OF DISTRICTS. 

FORMATION OF DISTRICTS. 

As Amended by Chapter 355, Laws of 1885. 

Section 412. The town board in each town in this state 
shall have power to form and alter districts in the manner 
hereinafter set forth; provided, that every school-district 
shall be of contiguous territory, and shall not embrace more 
than thirty-six square miles of land, and that whenever any 
school-district which has by vote contracted a debt, shall be' 
altered by taking territory from it before such debt is fully 
paid, no such alteration shall be made as to leave to the dis- 
trict from which such territory is taken an indebtedness 
exceeding five per centum on the value of the taxable prop- 
erty therein, to be ascertained by the last assessment for 
state and county taxes previous to the incurring of such 
indebtedness. 

The restriction as to the size of districts was enacted in 
1868. The law now specifically requires that every district 
shall consist of contiguous territory. A district may be of 
any convenient form, provided it does not embrace more 
territory than the law allows, and provided its territory all 
lies in one body; but it should be as compact in form as the 
natural features of the country will permit. It should also 
be as large as a proper regard to the distance to be traveled 
will allow, in order that it may be able to sustain a good 
school without resorting to burdensome taxation. The com- 
mon desire for small districts should not be gratified at the 
expense of the welfare of the school. It is better that chil- 
dren should travel two or three miles to attend a good 
school, than half a mile to attend a poor one. The provision 
2— S. C. 



that districts which have by vote contracted a debt shall not 
be altered until the debt is paid, is repealed, and provision 
is made that by alteration, no district shall be left with an 
indebtedness exceeding five per centum of the value of the 
taxable property therein. 

By section 2G3, revised statutes, no district which is in- 
debted to the trust funds of the state can be altered by tak- 
ing therefrom any land included therein at the time of 
obtaining such loan, until such loan is fully paid, without 
the consent of the land commissioners of the state, and only 
upon such terms as they shall prescribe. 

Section 413. The formation of any such school-district 
shall be by written order of the town board, describing the 
territory embraced in the same, to be filed with the town 
clerk within twenty days after the making thereof. The 
supervisors shall deliver to a taxable inhabitant of the district 
their notice thereof in writing, describing its boundaries, 
and appointing a time and place for the first district meet- 
ing, and shall therein direct such inhabitant to notify every 
qualified voter of the district, either personally or by leav- 
ing a written notice at his place of residence, of the time 
and place of such meeting, at least five days before the time 
appointed therefor, and "said inhabitant shall notify the 
voters of such district accordingly, and endorse thereon a 
return containing the names of all persons thus notified, and 
said notice and return shall be recorded as a part of the 
record of the first meeting in such district. 

The order for forming a school-district must be made at 
a meeting of the board, of which all have been notified, and 
should be so clear and distinct that the boundaries of the 
district may be readily traced. The district should be de - 
scribed, therefore, by the government surveys; but reference 
may be made also, if necessary, to natural features, such as 
rivers, lakes, marked trees, etc., or the highways or town 
lines, A school-district, in the sense now under considera - 
tion, consists of territory and not of persons. The territory 
should be so described that changes of ownership will not 
require any change in the description. * 

When new districts are formed out of new territory, the 
order may be filed imiiediately, and the notice delivered to 
a taxable inhabitant without delay. If the order is not filed 



*See Form No. 1. 



in twenty days, as directed, it should nevertheless be filed. 
The delay does not invalidate the order. 

If the formation of a new district involves the alteration 
of the boundaries of any other district, consent must be 
obtained to each such alteration, as provided in section 419, 
or the order of formation cannot take effect for three 
months. The same section also provides that no alteration 
of a district can be made to take effect between the first day 
of December and the first day of April following. The mat- 
ter is resumed in the comments on section 419, which pre- 
scribes the mode of alteration of districts, the notices to be 
given, etc. 

A taxable inhabitant is one liable to pay a tax. If practi- 
cable, the notice delivered to this inhabitant should be read 
in the hearing of each voter. If this is not practicable, a 
copy of the notice left at the voter's residence will answer. 
In case of doubt in regard to any inhabitant of the proposed 
district, the question may be asked if he is a legal voter; 
and if the right to vote is claimed by him or for him, or 
seems to be doubtful, the notice should be given. This con- 
fers no right to vote, if the right does not already exist.* 

The day upon which any legal notice is served is not 
counted in computing the time required. Since, in this case, 
five days' notice must be given, the notice must be served 
on each voter as early, at least, as the sixth day before the 
time named for the meeting. Any neglect to notify all, or 
to notify in season, even if unintentional, may create dis- 
satisfaction and lead to an appeal. 

Not only the names of all persons notified, but the man- 
ner in which the notice was given to them must be em- 
braced in the return made. "All returning officers are 
ministerial, and are bound to set forth in their returns all 
acts done by them, that the proper tribunal may judge of 
their sufficiency. They are not competent to judge of the 
legality of a notice or service; and a return that a precept 
has been legally served, or that the duty enjoined by the 

* See Forms Nos. 2 and 3. 



8 

warrant had been duly performed, Av.ould most clearly be 
insufficient. ** f 

The return is to be endorsed on the notice read to the 
voters, and signed by the person giving the notices. The 
document should be produced at the first meeting, and filed 
with the records of the district.* 

Section 414. In case such notice shall not be given, or 
the inhabitants of a district shall neglect or refuse to as- 
semble and form a district meeting when so notified, or in 
case any school-district, having been formed or organized, 
shall afterwards be disorganized, so that no competent au- 
thority shall exist therein to call a special district meeting 
in the' manner herein provided, notice shall be given by the 
town board, and served in the manner prescribed in the 
preceding section. Whenever a district meeting shall be 
called as prescribed in this and and the preceding section, 
it shall be the duty of the electors of the district to assem- 
ble at the time and place so directed. I 

Three contingencies are provided for in this section: first, 
a neglect on the part of the person appointed to give the 
notice: second, a neglect or refusal of the voters to meet 
and organize the district: third, the loss of the organization 
of the district, by the removal or death of all its ofiicers. or 
in any other way. In any one of these cases, the supervis- 
ors are to call a meeting, as provided in section 413. 

The electors of the district are those persons who have a 
legal residence in the district, and who are qualified to vote 
at a general election for state and county ofiicers. This 
matter is further considered under section 42S. 

It is the duty of all the electors to attend a district meet- 
ing called by the town board, to organize or reorganize the 
district; but the acts of those who assemble are binding 
upon those who stay away. A full attendance is desirable, 
and persons entitled to vote should be present, when ap- 
prised of the meeting. 

The first thing to be done, after the meeting has been 
called to order, is to elect a chairman: a clerk pro fern. 
should also be chosen. The meeting is then organized to do 
business, and ready to elect the district ofiicers. a director, 
treasurer, and clerk, as provided in section 431. The further 

1 12 Pick. . 206. " See Form No. 4. t See Form No. 5. 



action of the meeting, proper to be had, can best be seen 
after reading section 416, and the comments thereon. 

FORMATION OF JOINT DISTRICTS. 

Section 415. Whenever it shall be necessary to form a 
district from two or more adjoining towns, the town boards 
of such towns shall meet together and form such district by 
their written order, describing the territory embraced in 
such district, signed by at least two of the supervisors of 
each town; and shall file one such order with the town clerk 
of each town, and deliver the notice of formation to a tax- 
able inhabitant of such district, and cause the same to be 
served and returned in the time and manner hereinbefore 
prescribed; and any such district may be altered only by 
the joint action of the town boards of such towns in the same 
manner that other districts are altered. * 

Ordinary districts may become joint districts by the 
division of a town, without any further action, f 

If a joint district is to be formed, the supervisors of all the 
towns concerned must meet. An order of formation with- 
out such joint meeting is illegal, and would be set aside on 
appeal, although the requisite signatures might be obtained. 
An order forming a joint district must also be assented to 
and signed by a majority of the supervisors of each of the 
towns- in which any part of the district is situated. Each 
town board acts and votes for its own town only, and there 
must be a majority of each board. 

The notice for the first meeting \of a joint district must 
likewise be signed by a majority of the supervisors of each 
of the towns containing part of [the district, and the order 
of formation must be recorded in the oflSce of each of the 
town clerks. 

Again, if a joint district is to be altered, or dissolved, in 
order to form a new district in one of the towns, or for any 
other purpose, the order altering or dissolving the old dis- 
trict must be signed by a majority of the supervisors of each 
of the towns affected. If the joint district is dissolved, the 
territory should by the same order be attached to another 
•district or other districts. If the new district is a joint dis- 
trict, the order forming it must be signed by a majority of 

* See Form No. 6. f 35 Wis. , 178. 



10 

the supervisors of each town that contains a part of said 
new district. 

ORGANIZATION OF A DISTRICT. 

Section 416. Every school-district shall be deemed duly- 
organized when any two of the officers elected at the first 
legal meeting thereof shall have consented to serve in the 
offices to which they have been respectively elected, by a 
written acceptance thereof, filed with the clerk at the first 
meeting, and recorded in the minutes thereof; and every 
school-district shall be considered as duly organized, after 
it shall have exercised the franchises and privileges of a 
district for the term of two years. * 

If two of the officers elected are present, and at once file 
their acceptances with the clerk of the meeting, and he re- 
cords them, the district is then duly organized, and may 
proceed to the transaction of any other business, as provided 
in section 430. The treasurer is not likely to file an approved 
bond at that time, but that can be done afterwards. If two 
of the officers do not then file their acceptances, the meet- 
ing should adjourn and await them. If the persons elected 
at the first meeting, or any of them, refuse to accept, the 
meeting may at once proceed to elect others. The same 
may be done at an adjourned meeting, if notice of refusal 
to serve is then received. The district should endeavor to 
effect a complete organization; but if after reasonable trial 
it fails to secure more than two officers by election, the two 
who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the 
privileges of a school-district for two years, it is held to be 
legally organized, notwithstanding any informality of pro- 
ceeding in its organization; and in the meantime, and until 
its organization is set aside by competent authority, it is the 
duty of its officers to comply with all the requirements of 
the school law. It is sufficient for them to know that it is a 
district de facto. After two years have elapsed, its organi- 
zation cannot be set aside on account of any alleged defect 
in its original formation or organization. 

*See Form No. 7. 



11 



CORPORATE POWERS OP DISTRICTS. 

Section 417. Every school-district organized in pursuance 
of this chapter, or which has been organized pursuant to 
law, shall be a iDody corporate, and shall possess the usual 
powers of a corporation for public purposes, by the name 
and style of school-district, or joint school-district number 

(the name of the town or towns in which the disti ict is 

situated); such number shall be designated by the town 
board or boards in the formation thereof; and in that name 
shall sue and be sued, and be capable of contracting and 
being contracted with, and of holding such real and per- 
sonal estate as is authorized to be purchased by law, and 
of selling the same. 

A school-district, as a corporate body, has perpetual suc- 
cession and existence by its corporate name, and may hold 
real and personal estate for its corporate purposes. It is a 
body created by law, and is wholly distinct from the indi- 
viduals that may, from time to time, compose it. It does 
not become dissolved, or lose any of its rights, or become 
discharged of its obligations by a change of its name, num- 
ber or boundaries, or by becoming a joint district. (4 Wis., 
79,) But the number of a district should not be changed 
where it can be avoided. 

Contracts made or suits brought by a district, and all 
writings in which it is a party, require that the name of the 
district should be mentioned: e. g. , school-district number 
four, toivn of Lincoln, Polk county. When district officers 
are specifically empowered by law to act, their names may 
be mentioned. 

alteration of districts. 

Section 418. Whenever the town board shall contemplate 
an alteration of the boundaries of a school-district, they 
shall give at least five days' notice, in writing, to the clerk 
of the district or districts to be affected thereby, stating in 
such notice the time and place, when and where they will 
be present to decide upon such proposed alteration; and 
such clerk or clerks shall immediately notify the other 
members of the board; and no territory shall be detached 
from any district, unless it be by the same order attached 
to another; and any district may be dissolved by attaching: 
all its territory to other districts.* 

* See Form No. 8. 



12 

Great care should be exercised in giving the preliminary 
notices of alterations proposed, as the want of this may ren- 
der the proceedings of the supervisors illegal, and lead to 
an appeal. 

A written admission of service of the notice required by 
law, on the return of the person serving the notice, should 
be annexed to every order of alteration, and filed with it in 
the office of the town clerk, so that a complete history of 
the transaction may be preserved. 

It is to be observed thai no territory can be detached from 
a district unless it is by the same order attached to another. 
In case the territory is detached from a joint district, the 
order of detachment must be signed by the boards of all the 
towns, although the territory be attached to a district 
wholly within one of the towns. 

It is also to be observed that a district may, at any time, 
be dissolved or wholly extinguished, by it^ason of the attach- 
ment of all its territory to other districts. This action will 
often be advisable when several districts are found to be 
too feeble to support good schools, and can be reduced in 
number with advantage. When districts thus become dis- 
solved, the property pertaining to them is to be disposed of 
as provided in section 434. 

Section 419. In all cases where an alteration of the bound- 
aries of a school-district shall be made, the town board shall, 
within three days thereafter, give notice thereof by filing a 
copy of the order so altering the same, with the town [clerk 
and with the clerks of the districts affected by such alter- 
ation: and no alteration of any school-district made without 
the consent of a majority of the district boards, indorsed on 
such order, shall take effect until three months after notice 
given as above specified, unless such alteration is made in 
compliance with the order of the state superintendent given 
in the decision of an appeal; nor shall any alteration of 
an organized district be made to take effect between the 
first day of December in any year, and the first day of April 
following. * 

Delay in giving the notices required in this section does 
not render the previous action of the supervisors void, as it 
is merely matter of information of an act done; neverthe- 
less, the notices should be promptly given. 

* See Form No. 9. 



13 

Copies of all orders making alterations in joint districts 
must be j&led in the offices of the clerks of all the towns of 
which the districts altered constitute a part. Unless this is 
done, the supervisors of one town are unable to know the 
boundaries of a joint district without consulting the records 
of another town in which they have no control. 

The action of the supervisors in altering districts is usu- 
ally based' upon petition, but they are to act without, when 
in their judgment the interests of education require it. It is 
their duty to make such alterations as will best promote the 
welfare of the public schools, even though not asked to do 
it. As a general rule, however, they will seek to consolidate 
rather than to divide districts, to make them as large as 
practicable and to avoid joint districts, unless very nec- 
essary. 

The order of alteration is an official act, and must result 
from a resolution of a majority of the board, adopted at ix 
meeting at which all are present, or of which all have been 
notified. A due sense of propriety, however, will lead a 
supervisor having a personal interest in any proposed alter- 
ation of a district to avoid acting in that case. It is better 
that the other members of the board should decide it with- 
out him. At the same time it is not illegal for him to be 
present and vote, and proceedings cannot be set aside on 
appeal on this account. 

The reason for alteration of districts is, not unfrequently, 
that an additional district may be formed from territory 
taken from them. If the district board of any district from 
which a portion of the territory embraced in a new district 
is taken, refuses to consent to the alteration, the order of 
the supervisors does not take effect till three months after 
the notice is given, and the supervisors are not obliged to 
deliver the notice to a taxable inhabitant, ca^ng the first 
m.eeting of the voters of the new district, till twenty days 
after said order takes effect; but such notice may be given 
at any time after the order is issued, provided that it does 
not call the meeting until the three months have expired. 
No action can be taken by the voters of the new district 
until the order of formation takes effect, for the reason that 



14 

before that time there is no new district, and the people and 
the territory retain the same condition, and sustain the 
same relations that they did before the order forming the 
new district was issued. So in regard to districts formed 
from other districts between the first day of December and 
the first day of April following; the alterations cannot take 
effect, nor the first meeting of the new district be held, till 
the first of April, or thereafter. 

But whatever the purpose of the alteration of a district, 
the two restrictions exist. The reasons for the restrictions 
are, on the one hand, to prevent districts from being altered 
too summarily, without the consent of the board, and on the 
other, to avoid interference with the winter schools. See 
also the restriction as to debt. Sec. 412 and Sec. 263. 

In regard to the duties of town boards in the matter of 
the formation or alteration of school-districts, the general 
remark may be made, that while discretionary power is 
given them to act or not act, in any particular case, they 
are to exercise their discretion, not with regard to their own 
convenience, but the public good. Unreasonable requests 
for action are sometimes made, and to hold a meeting, 
especially of two or more boards, may be both inconvenient 
and expensive, but when a petition, respectably signed and 
presenting apparently good reasons for action, is submitted, 
the request for a meeting and for action should not be un- 
reasonably denied. If the action desired is not granted, 
after proper examination, at a legal meeting, the petitioners 
then have the right of appeal; but if there is no meeting 
and no decision, they have not. 

It is also to be noted, that when supervisors act on a pe- 
tition, they are not confined to the terms of the petition. If 
a certain amMint of territory is asked, they may grant more 
or less, pro^med the required notices have been given to the 
clerks of all the districts to be affected by the action. 

Special provision is now made by law for appeals in case 
of joint school-districts, where boards of supervisors neglect 
or refuse to meet to hear and determine applications for 
alterations of such districts, or where the chairman of the 



15 

proper town fails to give the proper notice for such meeting,. 
by chapter 280, laws of 1882, and amendment thereto. 

Chapter 280, Laws of 1882. 

As Amended by Chapter 439, Laws of 1887. 

Section 1. Whenever an application in writing for an 
alteration in the boundaries of any joint school-district, 
signed by not less than one-third of the lawful voters resid- 
ing in the district, or two-thirds of the lawful voters resid- 
ing in any one'of the districts to be affected by the proposed 
alteration, shall be presented to the chairman of supervisors 
of the town in which the school-house of such joint district 
may be situated, such chairman shall thereupon fix a time 
for the joint meeting of the town boards of the towns in 
which such joint school-district may be situated, which time 
shall not be less than ten nor more than twenty days after 
the day of the presentation to him of such application. He 
shall also cause a notice of the time and place of such 
meeting to be given to each supervisor entitled to be present 
thereat, which notice shall be served at least five days 
prior to the date fixed for such meeting. Such meeting 
shall be held at the school-house in such joint district unless 
some other convenient place shall be designated in the 
notice therefor. 

Section 2. If the chairman of supervisors to whom such 
application shall be presented shall neglect or refuse to fix 
the time, or to give notice for the meeting of the town boards 
as provided in the first section of this act, or if the said 
supervisors or a majority thereof, of any town in which a 
part of said joint district may be situated, shall neglect or 
refuse to be present at such meeting; or, being present, 
shall neglect or refuse to hear and decide upon such appli- 
cation, the application shall be deemed denied, and an appeal 
may be had therefrom in the same manner and with the 
like effect as in other cases of denial. 

Section 3. The provisions of sections 418, 419, 422 and 497 
of the revised statutes, shall, so far as may be applicable, 
apply to proceedings under this act. 

This act provides a remedy, in the way of appeal to the 
state superintendent, where the officer whose duty it is to 
give notice of the time and place of meeting of supervisors 
for hearing and determining upon proposed alterations of 
joint school-districts, neglects or refuses to give such notice, 
and where supervisors neglect or refuse to attend such 
meeting when called. The act also specifies the preliminary 
steps to be taken by persons intending to make use of this 



16 

remedy, by appeal, for neglect or refusal. Where there is 
no neglect or refusal to act there is no necessity for the pe- 
tition of one-third of the legal voters in the joint district, 
or two-thirds of the lawful voters residing in any one of the 
districts to be affected by the proposed alteration, nor does 
this act prevent procedure under sections 418, 419, 420 and 
421 of the revised statutes. 

DIVISION OF PROPERTY. 

Section 420. When a new district is formed, in whole or 
in part, from one or more districts possessed of a school- 
house or entitled to other property, the town board, at the 
time of forming such new district, shall ascertain and deter- 
mine the proportion of the value of the school-house and 
other property, justly due to such new district, according 
to the taxable property' of the respective parts of such former 
district, at the time of the division, by the best evidence 
within their reach, and such amount of any debt due from 
the former district which would have been a charge upon 
the new, had it remained in the former district, shall be de- 
ducted from such pi-oportion. 

Section 421. The town board shall certify to the district 
clerk of each district retaining a school-house or other 
property, the amount ascertained by them as the proportion 
to be paid to the new district, and such amount shall be 
embodied in the next statement of taxes to be made by the 
district clerk to the town clerk, as required by section four 
hundred and seventy-two, and shall be collected and paid 
to the treasurer of the new district, to be applied toward 
providing a school-house therefor; and the money so re- 
ceived shall be allowed to the credit of the taxable property, 
taken from the district paying the same, in reduction of 
any tax that may be imposed on said taxable property in 
the new district for the building of the school-house; but in 
case the new district shall have raised a tax and provided 
a school-house before such money shall have been received, 
the treasurer of the new district, who shall receive or have 
the amount so paid him or his predecessor, shall pay on 
demand each tax-payer the amount actually paid by hiiu in 
school-house taxes, in excess of the amount he would have 
paid, if the mone\ had been received and credit given be- 
fore such taxes were collected, and the treasurer shall be 
liable therefor on his oificial bond.* 

The two foregoing sections have reference to cases in 

which new districts are formed from territory detached from 

districts possessed of a school-house or other property. 

* See Form No. 10. 



* 17 

When territory is merely transferred from one district to 
another, no claim will lie against the district yielding ter- 
ritory on account of property. 

By '' property" is meant lands, tenements, hereditaments, 
money, goods, chattels, things in action, and evidences of 
debt. The division of the share of the income of the school 
fund that may be due the district, is provided for, in a cer- 
tain case, in section 558. 

The appraisal and award should be made at the time of 
the formation of the new district but will be legal if neces- 
sarily delayed. 

If the duty is wholly neglected by the supervisors, or, the 
award being made by them, if the clerk of the old district 
neglects his duty, the remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount 
to which the new district becomes entitled under the action 
contemplated by section 421. This tax cannot be collected 
as a special district tax; it must be returned to the town 
clerk by the district clerk, as certified to him by the town 
board. 

In case the new district shall decide to build a school- 
house and shall raise a tax for this purpose, the law pro- 
vides that the amount paid by the old district shall be paid 
to the persons liable to be taxed, residing in that part of the 
new district formerly belonging to the old, so as to equal the 
abatement that would have been made in the tax levied 
upon the property of such persons, had the tax contemplat- 
ed by section 421 been raised and paid over, before the 
school-house tax for the new district was levied. 

DISTRICTS PARTLY IN CITIES AND VILLAGES.. 

Section 422. Whenever any school-district shall lie 
partly in a city, or village incorporated by special act, and 
partly in an adjoining town or towns, the common council 
of such city or trustees of such village and the town boards 
of such towns may alter or extinguish the same in the man- 
ner in which any other joint school-district may be altered 
or extinguished; but no new joint district shall be formed, 
which shall embrace any part of a city. 

This section makes express provision for a particular class 



18 

of joint districts, and forbids the formation of any new joint 
district which shall embrace part of a city. 

It also takes the place of chapter eighty-two of the gen- 
eral laws of 1872. 

Section 423. Whenever any school-district for two or 
more successive years neglects to maintain a public school 
as required by law, the town board of the town, embracing 
the district, shall attach the same to such other adjoining 
district or districts in the town as they shall judge proper; 
and if the district be a joint district, then the town boards 
of the several towns shall attach the respective parts there- 
of to other districts in their respective towns. 

Section 418 gives power to the town board to extinguish a 
district at any time by attaching its territory to other dis- 
tricts, but it will be seen from this section that it is their 
duty to extinguish such districts as fail to maintain a school 
for two years. The mere neglect or failure to elect officers 
does not extinguish the district. The organization may be 
restored, as provided in section 414. 

Section 434. In every case where a district shall become 
dissolved by reason of the attachment of all its territory to 
some other district or districts, the town boards of the sev- 
eral towns embracing such district shall take charge of the 
property belonging to the same at the time of its dissolu- 
tion, dispose of the same by grant or otherwise, and apply 
the proceeds to the discharge of its debts, paying over the 
remainder, if any, to the treasurers of the districts to which 
the territory has been attached, in proportion to the valua- 
tion of the property attached to each, as appears from the 
last tax rolls of the respective towns. 

A district is extinguished or dissolved only when,its parts 
are attached to other districts so that no part of the orig- 
inal district remains. If any part of it remains as a distinct 
district, although its name and number may be changed, it 
is not dissolved in the sense contemplated by law,* 

In case a joint district is dissolved, the supervisors of the 
liowns in which the different parts of such district are situ- 
ated, should unite in the sale of the property, and in execut- 
ing the deeds of the real estate. 

If the supervisors proceed to sell any property formerly 
belonging to a district that has become dissolved, they 
.should require cash payment, and should give notice that a 

*See tlie comments on Section 417. 



19 

condition of the sale is the full payment within a limited 
number of hours — and that if such payment is not made, 
the property will be offered again for sale without further 
notice. All conditions of sale should be mentioned in the. 
posted notices. 

The supervisors are first to apply the proceeds of the sales 
to the payment of the debts of the district extinguished. 
These debts must be ascertained from the district board of 
such district, and no money should be paid except upon a 
written order of a majority of the district board. If debts 
are claimed which a majority of the district board will not 
admit, the amount thus claimed may be retained by the su- 
pervisors, until the legal proceedings commenced for the 
collection of the same have been concluded. 

The last assessment roll is that upon which a tax has been 
or may be legally raised, and should be made the basis for 
the apportionment of the balance of money remaining after 
all the debts of an extinguished district are paid. In case 
there is an unexpended tax found in the hands of the treas- 
urer of the extinguished district, the equitable mode of dis- 
tribution is to pay over to the treasurers of the districts to 
which the territory has been attached, the proportionate 
amount contributed by such territory. If, however, there is 
found belonging to the extinguished district money derived 
from the town tax for schools, or from the income of the 
common school fund, such money should be distributed to 
the districts in proportion to the number of children over 
four and under twenty years of age, residing in the parts 
annexed to them respectively. 

Though the statute specifies no time within which the su- 
pervisors are required to dispose of the property of an ex- 
tinguished district, there can be no va.lid reason for any 
longer delay than is necessary to ascertain the outstanding 
liabilities. If pending litigation puts it out of their power 
to act immediately, they should improve the earliest favora- 
ble opportunity to settle the affairs of the district. 

It two districts are consolidated, the public money which 
either may have in the hands of the town treasurer, or in 
the hands of its own treasurer, unexpended, becomes appli- 



20 

cable to the payment of teachers" wages in the consolidated 
district. If there is any money due to a teacher of either 
of the districts consolidated, it should be drawn before the 
order of consolidation takes effect. 

Particular attention should be given by town boards of 
supervisors and trustees of villages to the matter of record- 
ing the proceedings which affect the formation and altera- 
tion of school districts. 

The following law, enacted in 1889, provides for making 
a new record of such matters, when the original record is 
lost or destroyed. 

Chapter 472, Laws of 1880. 

Section 1. Whenever the record of the formation or 
establishment of boundaries of any school-district in this 
state shall be lost or destroyed, the town board of the town, 
trustees of the village, or common council of the city in 
which such district lies, shall have power to make a new 
record of the boundaries of such school-district, by written 
order made and entered in the records of such town, village 
or city. Whenever the town board, trustees of the village, 
or common council of the city, shall contemplate making 
such new record, they shall give at least five days' notice in 
writing to the clerk of the district to be affected thereby, 
stating in such notice the time and the place when and where 
they will be present to decide upon and make^ such new 
record, and such clerk shall immediately notify the other 
members of the board. In all cases where such new record 
shall be made the order constituting the same shall within 
three days be entered in the record of the proper town, vil- 
lage or city, and the clerk thereof shall within the same time 
file a copy of such order with the clerk of the school-district 
affected thereby. Any number of districts as to which the 
records are so Lost or destroyed may be included in one order 
or notice. In case of the loss or destruction of the records 
pertaining to a joint school-district, the clerk of the town, 
city or village shall procure and record a certified copy of 
the records of other towns, cities or villages relating to such 
joint district, or the common council of the city, trustees of 
the village, or town boards of the towns in which such joint 
school-district lies, may meet and act together in the mak- 
ing of any new record of the boundaries of such joint school- 
district. An order made pursuant to this section or the rec- 
ord thereof shall be presumptive evidence of the regularity 
of the proceedings prior to the making thereof, of the 
legality of the formation of the district affected, of the 
boundaries thereof, and of the loss or destruction of the rec- 



21 

ord of the formation or establishment of the boundaries of 
such school-district. Parties conceiving themselves ag- 
grieved by any decision made under the provisions of this 
act may appeal therefrom in the manner provided by sec- 
tion 4:97, of the revised statutes. 

Section 3. This act shall be so construed as to apply to 
cases of losses or destruction of records which have hereto- 
fore occurred or may hereafter occur. 

ANNUAL MEETING. 

As amended by Chajoter 69, Laws of 1883, Chapter 398, Laws of 1883, and 
Chapter 96, Laws of 1887. 

Section 425. The annual meeting in all school-districts- 
in this state shall be held on the first Monday of July in 
each year. The hour of such meeting shall be seven o'clock 
in the afternoon, unless otherwise provided by a vote of the' 
district, duly recorded, at the last previous annual meeting.. 
If the first Monday in July is a legal holiday, then said an- 
nual meeting shall be held on the day next succeeding the 
first Monday in July. It shall be the duty of the district 
board of each school-district in this state to meet on the 
Saturday immediately preceding the first Monday of July, 
in each year, and carefully examine the accounts of the 
treasurer, and make up a full and itemized report of all re- 
ceipts and expenditures since the last annual meeting; the 
amount in the hands of the treasurer, or the amount of the 
deficit for which the district is liable, and the estimated 
sum which will be required to be raised by taxes for the sup- 
port of the school for the ensuing year; and the amount re- 
quired to pay the interest or principal of any loan due or to 
become due during such year; which report shall be sub- 
mitted in writing at the annual meeting, and recorded at 
length with the action of the meeting thereon, by the clerk 
with the records of the proceedings of the annual meeting. 

By this section, the former provisions for holding annual 
meetings at different times by districts maintaining graded 
schools, and by districts not maintaining graded schools, 
and by the same districts according to the vote of the dis- 
trict, are repealed. All annual school meetings in the sev- 
eral school-districts of the state are now held on the same 
day. 

Two cases will arise under this law which will postpone 

the annual meetings until Tuesday evening following the 

first Monday in July, viz. : when the first Monday in July is. 

the fourth day of July, and when the fourth day of July 

3— S. C. 



22 

occurs on Sunday, immediately preceding the first Monday 
in July, Monday is then made by law a legal holiday. 

The hour of meeting may be changed by a vote of the 
district at an annual meeting, but such vote can bear only 
on the next ensuing annual meeting. If no other hour is 
detetermined by vote, seven o'clock in the afternoon is the 
hour fixed by law. 

A new provision is added which requires school-district 
boards to meet on the Saturday immediately preceding the 
first Monday in July, in each year, examine the accounts of 
the treasurer, and make up an itemized report of all receipts 
and expenditures for the year preceding, the amount on 
hand, if any, the amount of indebtedness, if any, and esti- 
mates of the amount necessary to be raised by taxation for 
all purposes for ensuing year. This report must be sub- 
mitted in writing to the annual meeting, and recorded at 
length by the clerk, in the records of the district. 

Section. 436 The clerk shall give at least six days' pre- 
vious notice of every annual , district meeting, by posting 
notices therefor in four or more public places in the district, 
one of which shall be affixed to the outer door of the school- 
house, if there be one in the district; and he shall give like 
notices for every adjourned district meeting, when such 
meeting shall have been adjourned for more than one 
month; but no annual meeting shall be deemed illegal for 
want of due notice, unless it shall appear that the omission 
to give such notice was willful and fraudulent."' 

In order to give publicity to the annual meeting, the 
statute directs the clerk to post notices therefor in at least 
four public places in the district, but such notice is not 
essential to the validity of the meeting. The foundation of 
the meeting is the statute, or the order of a previous an- 
nual meeting, and not posting the notice for it. f The time 
and place for holding it may always be ascertained by ex- 
amining the records of the district, and the objection that 
notice was not duly posted, is not well taken. 

It is, however, the duty of the district clerk to give care- 
fully the notice required for the annual meeting, and for 
neglect of duty he is liable to a fine, under the provisions 

*See Forms Nos. 11 and 12. fG HiU, N. Y., 647. 



23 

of section 500, The notice should be given at least one 
week before the time for the meeting, and should also em- 
brace the time of day and the place of meeting; also the 
more important items of business to be transacted; for while 
the law does not require this to be done, it will help to 
secure a full attendance, which is most desirable. But it is 
to be borne in mind that the object of the notice for the an- 
nual meeting is to assemble the inhabitants, and that when 
so assembled, their powers are defined, not by the notice, 
but by the statute. 

If there is a willful and fraudulent omission to give notice, 
the meeting may be judged illegal. Indeed, the action of 
an annual meeting held without due notice will usually be 
looked upon with suspicion, and the state superintendent 
will not hesitate to sustain an appeal taken from such ac- 
tion, when it is made to appear that no proper opportunity 
has been afforded the people of a district to express their 
will. It should be noted that when a meeting is adjourned 
for more than one month, notice must be given, the same 
as for the original meeting. 

By chapter 251, laws of 1883, district clerks are required 
to embody in the notice for an annual meeting, the fact that 
the question of a change of text-books will be submitted to 
the meeting. See comments on Section 440. 

SPECIAL. MEETING. 

Section 427. Special district meetings may be called by 
the clerk, or, in his absence, by the director or treasurer, on 
the written request of five legal voters of the district, in the 
manner prescribed for calling an annual meeting; and the 
electors, when lawfully assembled at a special meeting, 
shall have power to transact the same business as at the 
first and each annual meeting, except the election of offi- 
cers. The business to be transacted at any special meeting 
shall be particularly specified in the notices calling the 
same, and said notices shall be posted six full days prior to 
the meeting. No tax or loan or debt shall be voted at a 
special meeting, unless three-fourths of the legal voters 
shall have been notified, either personally or by a written 
notice left at their places of residence, stating the time, 
place and objects of the meeting and specifying the amount 
proposed to be voted, at least six days before the time ap- 
pointed therefor.* 

*See Forms Nos. 13 and 14. 



24- 

Exigencies will often arise requiring special meetings, and 
the power granted by the statute to call them should be 
liberally exercised for the benefit of the district. It is the 
duty of the clerk to call special meetings whenever requested 
to do so by the required number of legal voters. •' The 
word ynay means must or shall only in cases where the pub- 
lic interests or rights are concerned; and where the public 
or third persons have a claim de juj^e that the power should 
be exercised." *j " When public corporations or officers are 
authorized to perform an act for others, which benefits them, 
then the corporations or officers are bound to perform the 
act. The power is given them not for their own, but for 
the benefit of those in whose behalf they are called upon 
to act, and such is presumed to be the legislative intent. In 
such cases they have a claim de jure to the exercise of the 
power, "f The fact that the district clerk does not approve 
of the objects sought by those who request him to call a 
special meeting, is not a good cause for refusing to accede 
to the request. 

Any business that can be done at an annual meeting can 
be done at a special meeting, properly called, except the 
election of officers, voting a tax to compensate the clerk, 
and authorizing a change in text-books. The notice for a 
special meeting may be given by the director or treasurer 
in case of a vacancy in the office of clerk, or if that officer 
is absent or incapable of acting. All notices for special 
meetings must "particularly specify" the business to be 
transacted thereat, nor can business not thus clearly men- 
tioned be legally acted upon. If voting a tax, loan or debt 
be a part of the business proposed, not only must notices 
be posted in not less than four public places in the district, 
but in addition to this, notice must be served personally 
upon at least three-fourths of the legal voters of the district. 

A special meeting may rescind any action taken at the 
annual meeting, if proper notice has been given; but if 
rights have been acquired, by third parties, under previous 
action, those rights cannot be set aside by the vote of the 

•=^5 John, Ch. 113. f 9 Wis., 312. 



25 

district. This includes the rights of persons elected to a 
district office. 

' ' Six full days " requires the notice to be given as early 
as on the seventh day before the time designated. 

QUALIFICATIONS OF VOTERS. 

Section 438. Every person shall be entitled to vote in 
any school-district meeting, who is qualified to vote at a 
general election for state and county officers, and who is a 
resident of such school-district. 

The qualifications of voters at a general election are de- 
clared by section 12, of the revised statutes, to be as follows : 

Section 12. Every male person of the age of twenty-one 
years, or upward, belonging to either of the following 
classes, who shall have resided in the state for one year next 
preceding any election, shall be deemed a qualified elector 
at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their 
intention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. 

3. Persons of Indian blood who have once been declared 
by laAv of congress to be citizens of the United States, any 
subsequent law of congress to the contrary notwithstanding, 

4. Civilized persons of Indian descent, not members of 
any tribe. 

Every person convicted of bribery shall be excluded from 
the right of suffrage, unless restored to civil rights; and no 
person who shall have made or become directly or indirectly 
interested in any bet or wager, depending upon the result of 
any election, at which he shall offer to vote, f hall be per- 
mitted to vote at such election. 

Being first qualified to vote at a general election, the right 
to vote in any school-district depends upon being a resident 
thereof. Every man is supposed by the law to have a legal 
residence somewhere, and he can have but one at a time. 

The legislature, at the session of 1885, passed the follow- 
ing act, to provide for extending to women the right of suf- 
frage upon school matters. This proposition was sustained 
by a majority of the legal voters in the state voting upon the 
question at the general election held in November, 1886, and 
the class of women therein designated are entitled to par- 
ticipate in proceedings of school-district meetings. 



26 

Chapter 211, Laws of 1885. 

-} I f) ■ Section 1. Every woman who is a citizen of this state^ 

' '■ M>tJ^ of the age of twenty-one years or upwards (except paupers,. 

fa,^4^i)9q persons under guardianship, and persons otherwise excluded 
u[_Z—J. by section 2, of article 3, of the constitution of Wisconsin), 
'" who has resided within the state one year, and in the elec- 

^ „ , tion district where she offers to vote ten days next preced- 

7:^" Ity^ ing any election pertaining to school matters, shall have a 

p * right to vote at such election, 

9 V j/^i^e rules for determining the residence of electors are 
laid down in section 37 of the revised statutes, and are 
printed here for convenience: 

Section 37. In determining the question of residence as 
a qualification to vote, the following rules, so far as appli- 
cable, shall govern, and if a person offering to vote be chal- 
lenged as unqualified on the ground of residence, the 
inspectors shall admonish him of such rules and put to him 
such further questions as shall be proper to elicit the facts 
in respect thereto, namely: 

First. As prescribed in the constitution, no person shall 
be deemed to have lost his residence in this state by reason 
of his absence on business of the United States, or of this 
state; and no soldier, seaman, or marine, in the army-^r 
nav}'- of the United States, shall be deemed a resident of 
this state in consequence of being stationed within the same. 

Second. That place shall be considered and held to be the 
residence of a person, in which his habitation is fixed, with- 
out any present intention of removing therefrom, and to 
which, whenever he is absent, he has the intention of re- 
turning. 

Th ird. A person shall not be considered or held to have 
lost his residence, who shall leave his home and go into 
another state, or county, town, or ward of this state, for 
temporarj'^ purposes merely, with an intention of returning. 

Fourth. A person shall not be considered to have gained 
a residence in any town, Avard or village of this state into 
which he shall have come for temporary purposes merely. 

Fifth. If a person remove to another state with an inten- 
tion of making it his permanent residence, he shall be- con- 
sidered and held to have lost his residence in this state. 

Sixth. If a person remove to another state with the inten- 
tion of remaining there for an indefinite time, and as a 
place of present residence, he shall be considered and held 
to have lost his residence in this state, notwithstanding 
he may entertain an intention to return at some future 
period. 

Seventh. The place where a married man's family resides 
shall generally be considered and held to be his residence. 



27 

but if it is a place of temporary establishment for his family 
or for transient objects, it shall be otherwise. 

Eighth. If a married man has his family fixed, in one 
place, and he does his business in another, the former shall 
be considered and held to be his place of residence. 

Ninth. The mere intention to acquire a new residence 
without the fact of removal, shall avail nothing; neither 
shall the fact of removal without intention. 

Tenth. If a person shall go into another state, and while 
there exercise the right of a citizen by voting, he shall be 
considered and held to have lost his residence in this state. 

Eleventh. No person shall be deemed to have gained a 
residence in any town, ward, or village in this state, so as 
to entitle him to vote at any election therein, by remaining 
in such town, ward, or village as a pauper supported by the 
town or county in which he shall be living at the time of 
such election; and no person shall be deemed to have lost 
his residence in any town, ward, or village, by remaining 
in any other town, ward, or village as such pauper. 

CHALLENGING VOTES. 

Section 429. If a person offering to vote at a school- dis- 
trict meeting shall be challenged as unqualified by any 
legal voter in such district, the chairman presiding at such 
meeting, shall declare to the person challenged the qualifi- 
cations of a voter; and if such person shall declare that he 
is a voter, and if such challenge shall not be withdrawn, the 
chairman shall tender him the following oath or affirma- 
tion: "You do solemnly swear (or affirm as the case may 
be) that you are an actual resident of this school-district, 
and that you are qualified according to law to vote at this 
meeting." And ever}^ person taking such oath or affirma- 
tion shall be permitted to vote on all questions proposed at 
such meeting; and if the person shall refuse to take such 
oath or affirmation, his vote shall be rejected. 

Section 36 of the revised statutes prescribes certain ques- 
tions which may be asked by inspectors of elections of per- 
sons whose votes are challenged. Four classes of these 
questions are given, as those which will most frequently 
aid in determining the qualifications of a voter, though the 
chairman of a district meeting cannot, like an inspector of 
elections, require the person challenged to answer the ques- 
tions under oath. 

" Section 36. If a person offering to vote is challenged as 
unqualified, one of the inspectors shall tender to him the 
following oath or affirmation: You do solemnly swear (or 
affirm) that you will fully and truly answer all such ques- 
tions as shall be put to you teaching your place of residence 



28 

and qualifications as an elector of this election; and shall 
thereupon put questions as follows, 

First. If the person shall be challenged as unqualified, 
on the ground that he is not a citizen and has not declared 
his intention to become a citizen: 

1. Are you a citizen of the United States? If no, then — 

2. Have you declared your intention to become a citizen 
of the United States, conformably to the laws of the United 
States ? 

3. When and where did you declare your intention to be- 
come a citizen of the United States? 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this state for one year im- 
mediately preceding the election: 

1. How long have you resided in this state immediately 
preceding this election ? 

2. Have you been absent from this state within the year 
immediately preceding this election? If yes, then — 

3. When you left did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remain- 
ing away? 

4. What state or territory did you regard as your home 
while absent? 

5. Did you, while absent, vote in any other state or terri- 
tory ? 

Third. If the person be challenged as unqualified on the 
ground that he is not a resident of the county, town or ward 
where he offers his vote, the inspectors or one of them, shall 
put the following questions : 

1. When did you last come into this county, town or ward ? 

2. Did you come for a temporary purpose merely, or for 
the purpose of making it your home ? 

3. Did you come into this county for the purpose of vot- 
ing in this county? 

4. Are you now an actual resident of this county or ward, 
and what is the particular description, name, and location 
of your place of residence? 

Fourth. If the person be challenged as unqualified on the 
ground that he is not twenty-one years of age, the inspec- 
tors, or one of them, shall put the following question: 

Are you twenty-one years of age, to the best of your 
knowledge and belief?" 

The ordinary grounds upon which a person offering to 
vote at a district meeting may be disqualified, are: 

1. That he is not a citizen of the United States, and has 
not duly declared his intention to become one. 

2. That he has not resided in the state one year immedi- 
8.tely previous. 

3. That he is not a resident of the district. 



29 

4. That he is not twenty-one years of age. 

The chairman of a district meeting is not required by law 
to put any of the foregoing questions to a person whose vote 
is challenged, on any of these grounds; but it will not be 
improper for him to do so, according to the circumstances of 
the case, for the information of the electors present. 

If a person who is unqualified is allowed to vote without 
being challenged, those objecting to the proceedings must 
show that they did not know him to be unqualified. A chal- 
lenge should be interposed at the first instance in which 
such person offers his vote, for it is not just for one to avail 
himself of a vote so long as it is cast so as to carry out his 
views, and then be permitted to object when the voter dif- 
fers with the challenger. 

The chairman of a district meeting has no right, under 
the statute, to prohibit from voting any person who 
takes the oath required by the law. It will, however, be 
competent for the state superintendent to correct and set 
aside, on appeal, all proceedings carried by votes clearly 
illegal, if the result depends upon them. It is the duty of 
the chairman of the district meeting to permit any person 
challenged, to take the oath required by law, and a refusal 
on his part to perform this duty will be considered good 
ground for setting aside the proceedings of the meeting. 

Proceedings will not be set aside on account of illegal 
votes, unless a different result would have followed the ex- 
clusion of such votes. 

^' The mere circumstance that improper votes are received 
at an election will not vitiate it. The fact should be. shown 
aflSrmatively, that a sufficient number of improper votes 
was received for the successful ticket, to reduce it to a mi- 
nority if they had been rejected; or the election shall 
stand.'" * 

If the nominee for chairman is challenged, the person 
making the nomination usually acts as temporary chair- 
man, and should require the person challenged to take thfc 
oath prescribed b}^ the statute. 

*7Cow., N. Y. 



v^ Am? V^ r (a^ ^ /Xo'tAd'^^x^^AAA.^'''*^ AUy^-^^^tXA/^ 



30 



POWERS OF A DISTRICT AT A SCHOOL MEETING. 

As Amended by Chapter 124, Laws of 1885. 

Section 430. The inhabitants of any school-district qual- 
ified by law to vote at a school-district meeting, when as- 
sembled at the first and at each annual meeting in their dis- 
trict, or at any adjournment thereof in their district, shall 
have power: 

1. To appoint a chairman for the time being, and in the 
absence of the clerk, to appoint some person to act in his 
stead, and the person so appointed shall certify the proceed- 
ings of such meeting to the district clerk, who shall enter 
the same in the records of the district, and file and preserve 
the certificate of such temporary clerk. 

2. To adjourn from time to time as occasion may require. 

3. To choose a director, treasurer, and clerk. 

4. To designate a site for a district school-house. 

5. To vote such tax as the meeting shall deem sufficient, 
to purchase or lease a suitable site for a school-house, to 
build, hire or purchase a school-house, and to keep in repair 
and furnish the same with the necessary fuel and appen- 
dages; provided, that no district containing a population of 
less than two hundred and fifty inhabitants shall have power 
to levy and collect a tax for building, hiring or purchasing 
a school-house of more than six hundred dollars in any one 
year, unless the town board of the town in which such 
school-house is to be situated shall certify, in writing, that 
in their opinion a larger sum should be raised, specifying 
such sum; in which case an amount not exceeding the sum 
specified may be raised; provided, further, that no district, 
containing a population of less than one thousand inhabi- 
tants may have power to raise and collect in any one year, 
for the purposes above specified, more than one thousand 
dollars, unless the town board shall certify as above set 
forth. 

6. To v.ote such tax as the meeting shall deem proper for 
the payment of teachers' wages in the district; provided, 
that for such purposes, in all school-districts having an av- 
erage attendance at school, for the year, of fifteen scholars 
or less, not more than three hundred and fifty dollars shall 
be raised in any one year; in all school-districts having an 
average attendance of not more than thirty nor less than 

^ fifteen scholars, not more than four hundred and fifty dol- 

"^ ars shall be raised in any one year; and in all school-districts 

^ having an average attendance of not more than forty nor 

less than thirty scholars, not more than five hundred and 
fifty dollars shall be raised in any one year. 

7. To authorize and direct the sale of any school-house 
site or other property belonging to the district, when the 
same shall be no longer needed for the use of the district. 



31 

8. To impose such a tax as may be necessary to dis- 
charge any debts or liabilities of the district lawfully in- 
curred. 

9. To vote a tax not exceeding seventy-five dollars in 
any one year for the purchase of maps, blackboards, and 
school apparatus. 

10. To vote a tax not exceeding one hundred dollars in 
any one year, for a district library, consisting of such books 
as they may direct their district board, at a district meet- 
ing, to purchase; said books to be selected under the ad vice 
of the state superintendent; provided, that any school-dis- 
trict having less than two hundred children of school age, 
shall not vote a tax exceeding fifty dollars, in any one year, 
for such library; and that no district containing a popula- 
tion of less than two hundred and fifty inhabitants shall 
have power to levy and collect a tax of more than five hun- 
dred dollars in any one year for any purpose other than for 
the purposes prescribed in the fifth subdivision of this sec- 
tion, and for the payment of the principal and interest of 
any loan due the state. 

11. To authorize the district board to borrow money as 
provided elsewhere in these statutes. 

12. To authorize the district board to admit to the privi- 
leges of the school persons over twenty years of age, and 
persons not residing in the district, whenever such admis- 
sion will not interfere with the accommodation or instruc- 
tion of the scholars residing therein; and to fix a fee for 
tuition per term, quarter, or year, to be charged to the per- 
sons thus admitted. 

13. To authorize the district board to purchase text-books 
for use in the public schools, to be loaned or furnished pu- 
pils under such conditions as, by such vote and regulations 
of the board thereunder, may be prescribed. 

14. To determine the length of time a school shall be 
taught in their district the then ensuing year, which shall 
not be less than six months; and whether such school shall 
be taught by a male or female teacher or both, and whether 
the school money to which the district is entitled from the 
school fund income, and from the town, shall be applied to 
the support of the summer or winter school, or a certain 
portion to each, but if such matters shall not be determined 
at the annual meeting, the district board shall determine 
the same. 

15. To give such direction and make such provision as 
may be necessary, in relation to the prosecution or defense 
of any action or proceeding in which the district may be a 
party or may be interested. 

16. At the annual meeting only, to vote a tax to com- 
pensate the clerk, which, in districts supporting graded 
and high schools, shall be such sum as may be voted, and in 
other districts not more than ten nor less than five dollars.. 



32 

17. To alter or modify their proceedings, as occasion may 
require. 

By the following law, enacted in 1887, an additional duty- 
is imposed upon legal voters assembled in annual school- 
district meetings : 

Chapter 266, Laws of 1887. 

Section 1. At the annual meeting of every school-dis- 
trict in the state, held in July, 1887, and annually thereafter 
at such meetings, the question of providing free text-books 
for the use of all pupils attending the public schools in the 
district and levying a tax sufficient to meet the expense of 
furnishing free text-books for the use of such pupils, shall 
be submitted to the legal voters present at such meeting, 
and a vote taken thereon. The chairman of each meeting 
shall direct the vote to be taken before entertaining a mo- 
tion to adjourn the meeting sine die, and upon demand of 
any five legal voters present the vote shall be taken by bal- 
lot if a written resolution upon the question is submitted, 
and the ballot of those favoring the resolution submitted 
shall have thereon the word "yes,'" and the ballot of those 
opposed to the resolution submitted shall have thereon the 
word "no.'' 

Subdivision 13 of section 430, of the revised statutes, per- 
mits school-districts to authorize the district board to pur- 
chase text-books for use in the public schools, to be loaned, 
or furnished pupils under such conditions as by vote, and 
regulations of the board thereunder, may be prescribed. 
Under authority of that provision, districts may by vote 
authorize the board to purchase books, and loan them to 
pupils for a stipulated rental per month, term or year, or 
sell them to pupils at cost or more, or furnish them' for use 
without charge. 

This law requires districts to vote directly at each annual 
meeting upon the question of providing the text-books for 
the use of pupils free, and levying a tax to meet the ex- 
pense. 

Chapter 118, Laws of 1879. 

Section 1. The total amount of school-district tax, here- 
after levied in any school-district in this state, in any one 
year, for building, hiring or purchasing any school build- 
ing, and for the maintenance of schools, including teachers' 
wages and incidental expenses, shall not exceed five per 
cent, of the total assessed valuation of taxable property in 
such school- district for the current year. 



33 

Attendance upon the school meeting of the district is 
^mong the most important of public duties, and a sincere 
desire to promote harmony of feeling and a concert of action 
should manifest itself in the order, regularity and courtesy 
with which the proceedings are conducted. Every consist- 
ent effort should be made to afford an opportunity for the 
expression of the will 'of a majority of the voters of the 
district upon all points. 

The law does not determine the number necessary to 
constitute a quorum for the transaction of business. The 
action of a meeting, due notice of which has been given, 
and the proceedings of which are regular, will be sustained, 
though only a minority of the voters of the district may be- 
present; but when, on account of extraordinary circum- 
stances, the attendance is very small, courtesy, as T7ell as 
the consideration of the best interests of the district, de- 
mands an adiournment for a week or more. 

The action of the meeting is determined by a majority of 
those present and voting. The rule of common law is^ 
" whenever electors are present, and do not vote at all, they 
virtually acquiesce in the election made by those who do.'^ 
(2 Burr, 1,021.) Those who are present, but silent, must be 
held to assent to what the others do in carrying out the 
legal purposes of the meeting. 

The law does not prescribe the manner in which the 
electors shall vote in the transaction of business. In all 
important things it is better to have a rising vote or a call 
of the yeas and nays, and in the election of officers to vote 
by ballot. 

In the further exposition of this important section, defin- 
ing the powers of a district, such comments as seem neces- 
sary are placed under the several subsections, which are 
therefore given again, separately. 

The electors assembled in annual meeting (or at the first 

meeting the district having first effected an organization), 

have power: 

1. To appoint a chairman for the time being, and in the 
absence of the clerk, to appoint some person to act in his 
stead, and the person appointed shall certify the proceedings 
of such meeting to the district clerk, who shall enter the 



34 

same in the records of the district, and file and preserve the 
certificate of such temporary clerk. 

At the first meeting of a newly formed district, some 
person will call the meeting to order, nominate a chairman, 
put the question, and declare the result. At subsequent an- 
nual meetings, if the director be present, it will be proper 
for him to perform this duty, though any elector is compe- 
tent to act. The person elected chairman will at once take 
the chair, and if the district clerk be absent, the chairman 
will announce the fact, and ask that a clerk may be ap- 
pointed pro tern. This will also be done, if it is the first 
meeting of the district. The person appointed chairman is 
not deprived of his right to vote on any question submitted 
to the meeting. He is. not a permanent presiding officer, 
but merely a voter in the chair. He may give a casting vote, 
in case of a tie, or he may vote with the minority, when 
there is otherwise a majority of one in favor of any resolu- 
tion, and thus make it a tie vote, which defeats the resolu- 
tion; or he may vote upon a call of the yeas and nays when 
his name is reached. He can, however, cast but one vote 
upon the question. 

It is not proper to appoint any person chairman who is 
not a voter in the district. 

The chairman must put to vote every motion or resolution 
that is seconded, unless he deems such motion or resolution 
to be out of order, and so declares. If the person making 
the motion regards the decision of the chairman erroneous, 
it is his right to appeal to the meeting from such decision, 
and if the appeal is seconded, it is the duty of the chairman 
to put the question, " Shall the decision of the chair be sus- 
tained ? " In case the meeting refuses to sustain the decision, 
it is the duty of the chairman to put the original question; 
a refusal to do so is disorderly, and the meeting has power 
to select another person for chairman, who will conform to 
its decision. The motion for this purpose may be put by 
the clerk, and the result should be declared by him. The 
chairman should carefully avoid any arbitrary or partial 
action or ruling, and give all an equal chance to be heard. 

There is no code of rules for regulating the proceedings 



35 

of district meetings, and hence that must be held to be 
legal to which a majority consents. The office of chair- 
man is to aid in ascertaining the will of the majority of 
the meeting. In case the action of the meeting is illegal, 
the remedy is by appeal, but a mere unintentional non- 
observance of technical parliamentary rules is not sufficient 
reason for taking an appeal, nor will an appeal probably be 
sustained on this ground. 

2, To adjourn from time to time as occasion may require. 
A motion to adjourn takes precedence of all others. A 

motion to adjourn indefinitely takes precedence of a mo- 
tion to adjourn to a day fixed. If the first fails to carry, the 
question will then be put upon the second. If a majority 
are in favor of adjourning, they cannot withdraw from the 
meeting until the question has been put and declared car- 
ried by the chairman, without leaving the minority in pos- 
session of all the powers in the district. A motion to ad- 
journ cannot be received after another question is actually 
put to vote, and while the meeting is engaged in voting upon 
it, but in such case the vote must be concluded and the result 
announced by the chairman. If the meeting adjourns indefi- 
nitely all questions pending are discontinued, and they can 
be renewed only upon a fresh proposition; but if the ad- 
journment is to a specified time, it is only a continuance of 
the session, and the questions are to be taken up at the point 
where they were left. The statute, however (see section 426), 
provides that in case of an adjournment for a longer period 
than one month, notice shall be given of the time and place 
of holding the adjourned meeting, by posting written no- 
tices therefor in four or more public places in the district, one 
of which notices shall be fixed to the outer door of the 
school-house, if there be one in the district; said notice to 
be given at least six days previous to the time to which the 
meeting adjourned. 

3. To choose a director, treasurer and clerk. 

Before the meeting proceeds to elect officers, the minutes 
of the last annual meeting should be read, and those of such 
special meetings as have been held during the year. The 
reports of district officers should also be presented, and re- 



36 

f erred to a committee for examination, with instructions to 
report at some later stage of proceedings. The reports- 
should be in writing, and should be carefully examined by 
the committee, or by the meeting, if convenient. All school 
officers should be held to a strict accountability for the 
faithful performance of their duties, and the financial state- 
ments submitted should be accompanied with vouchers for 
all moneys expended. Reports of officers should be spread 
upon the records, as papers that are merely filed are often 
lost. 

It has already been recommended that the election of offi- 
cers be by ballot. This is the better way, especially in 
large districts, with many voters. If a shorter method is 
resorted to, the least satisfactory one is by yeas and nays 
given by acclamation. In case the election is by some other 
method than by ballot, the vote should be taken first on the 
first nomination, and continued, if practicable, until some 
one nominated receives a majority. If it is decided to go into 
a ballot, the same rule applies, and not the rule of plurality. 
As the provision of the constitution (Art. Ill, Sec. 3) that 
"all votes shall be given by ballot, except for such toimi- 
ship officers " as may be exempted by law, cannot be held 
to refer to school-districts, so the provision (of the general 
statute relating to "elections other than for town officers") 
that "the person having the highest number of votes 
for any office shall be deemed to have been duly elected " 
(R. S., Chap. V, Sec. 75), does not apply to officers of school- 
districts. A school-district is left to adopt its own method 
of choosing its officers; and if the ballot is used, a majority 
determines the result, the same as in any other mode of 
election, or in a vote upon any other ordinary matter. 

If no election is effected at the annual meeting, the meet- 
ing may adjourn, but cannot elect any officers at an ad- 
journed session held more than ten days after the annual 
meeting. It is desirable that the district elect, either at the 
annual meeting or at an adjourned session; for while the 
law provides that any vacancy arising from non-election, 
or otherwise, shall be filled by appointment, this may prove 
less satisfactory. It should be noted that a person elected 



37 

at the annual meeting cannot be ousted at an adjourned 
session. 

One officer at least , is to be elected each year, and after 
the first election, in the following order: clerk, treasurer, 
director. If a vacancy has occurred during the year past, 
which has been filled by the district board or by the town 
clerk, under the provisions of section 433, such appointment 
does not hold more than ten days after the annual meeting, 
and it is the duty of the district meeting to elect a persork 
to fill such vacancy. The person thus elected will serve, 
out the unexpired term, whether the same be one or two 
years. It will thus sometimes happen that more than one 
district officer is to be elected at an annual meeting. 

If a vacancy exists at an annual meeting from any other 
cause than the expiration of the incumbent's term, it is ad- 
visable that a resolution be passed declaring that such 
vacancy exists, and stating the ground on which the meet- 
ing regards the office vacant. It is for the meeting to judge 
in the first instance whether a vacancy exists, and although 
it may err in so declaring, the officer elected will be deemed 
an officer de facto, and his acts in relation to the public and 
third persons deemed valid, until his election is pronounced 
void by competent authority. 

If a mistake is made in stating the length of an unex- 
pired term, the person elected will nevertheless serve to the 
end of the term, and no longer, as this matter is regulated 
by law, and not by the vote of the district. 

In the case of election at the first meeting of a district, 
if two of the officers elected at once file their acceptances 
with the clerk of the meeting, the district is then organ- 
ized, and may go on to transact other business. Otherwise, 
the meeting should adjourn, as stated in the comments on 
section 416. 

4. To designate a site for a district school-house. 

The site selected should contain at least one acre, and 

should be as centrally located as circumstances will permit. 

The future needs, as well as the present condition of the 

district, should be considered, however, and hence it may 

4— S. C. 



38 

not be good policy to locate the site at the present center of 
population. The surroundings should also be taken into 
consideration. It is more important that the location should 
be salubrious, quiet and pleasant, than that it should be 
strictly central. The vicinity of stores, taverns, mills, etc., 
is undesirable. A dry and sheltered spot should be chosen, 
but not too far from all inhabitants. 

In designating the site it should be so definitely described 
that it can be laid out without reference to any other docu- 
ment than the resolution locating it. The people of the 
district cannot delegate power to the district board to 
designate the site, although they or a committee may be 
authorized and directed to make the necessary examination 
as to location, price and title. The action of the meeting 
is, however, required to fix legally its location. After a 
site has been designated, it does not become established 
until a title has been acquired, or the district board has 
made a contract binding upon the district for its purchase. 
The town board has no power to designate the site at the 
time of forming a new district, or at any other time, but 
may be called upon to establish it, if necessary, as provided 
in sections 477-480.- ^J^^-^ X)6 

5. To vote such tax as the meeting shall deem sufficient, 
to purchase or lease a suitable site for a school-house, 
to build, hire or purchase a school-house, and to keep in 
repair and furnish the same with the necessary fuel 
and appendages, provided, that no district containing a 
population of less than two hundred and fifty inhabitants 
shall have the power to levy and collect a tax for building, 
hiring, or purchasing a school-house of more than six hun- 
dred dollars in any one year, unless the town board of the 
town in which such school-house is to be situated shall cer- 
tify, in writing, that in their opinion a larger sum should 
l3e raised, specifying such sum; in which case an amount 
not exceeding the sum specified may be raised; provided, 
further, that no district containing a population of less than 
one thousand inhabitants, shall have power to raise and 
collect in any one year, for the purposes above specified, 
more than one thousand dollars, unless the town board shall 
certify as above set forth. 

The electors may vote such a tax as they "deem sufficient," 
subject to the conditions imposed by law; and with the con- 
sent of the supervisors of the town previously obtained. 



39 

they may vote any sum not exceeding that approved by 
those officers. If the district contains a population of one 
thousand, or upwards, it may raise more than $1,000 with- 
out first obtaining the consent of the supervisors. It is 
quite proper, but not necessary, to designate a site before 
voting a tax to build the school-house; neither is it neces- 
sary that the site should be designated before levying a tax 
to pay for the same. If the tax deemed sufficient is after- 
wards found to be too small, an additional tax may be 
voted; and, if too much is raised, the electors may appro- 
priate the same to any object for which they can legally 
raise a tax. The expense of investigating the title and of 
recording the deed may legally be included in the tax for a 
site. Although the law authorizes the leasing of a site, it 
does not permit the district to contract a permanent debt 
for future rent. Land for a site is sometimes held under a 
lease granting it for a consideration, paid in advance, for so 
long a time as the same may be used for the purpose of a 
public school. It is always advisable that the district 
should own the site. 

Sections 477 to 484 prescribe the course that must be pur- 
sued when the district is unable to obtain the school-house 
site selected or designated by a majority of the electors 
thereof present at a regular meeting, on account of the re- 
fusal of the owner to sell or lease the same, or on account of 
the owner being a non-resident. In regard to the right of 
the district to the school-house, at the expiration of the 
term for which the land upon which it is situated is held, 
the law, as stated by Judge Harris (7 Barb., N. Y. K, 266), 
is as follows: " Any one who has a temporary interest in 
land, and who makes additions to it or improvements upon 
it, for the purpose of the better use or enjoyment of it, while 
such temporary interest continues, may, at any time before 
Ms right of enjoyment ceases, rightfully remove such addi- 
tions and improvements. If he omit to sever the addition 
or improvement until his right of enjoyment ceases, such 
an omission is to be deemed an abandonment of his right, 
and thereafter the addition he has made becomes, to all in- 



40 

tents, a part of the inheritance, and the tenant, as well as 
any other person who severs it, becomes a trespasser." 

Although a tax may be levied before a title has been ac- 
quired, yet the district board should not part with the 
money before a conveyance of the site has been made. 

A question sometimes arises in regard to incumbrance in 
case of mortgage. The sum voted to purchase a site is held 
to be all that the district can at any time be called upon to 
pay for it; and hence the title should be free from incum- 
brance, unless it was expressly understood at the meeting 
voting the tax that the site was to be purchased subject to 
the incumbrance resting upon it. When a site is purchased 
which constitutes a part of the mortgaged tract, the rule of 
law is that the remaining property of the mortgageor shall 
first be sold, and if that is not sufficient to satisfy the mort- 
gage, then of the remainder that which is conveyed latest 
is to be sold first. It is always better to obtain a clear title, 
and a district board is not justified in purchasing a site or in 
contracting for a building upon it, if said site is incumbered, 
without an express vote authorizing them to do so. 

The question also sometimes arises as to the legality of 
connecting the school-house with other erections made for 
different purposes, and under other control than that of the 
district board. This department has held that a tax cannot 
be voted for building a house for joint use as an academy 
and school-house, or a church and school-house, and that 
any partnership which does not secure to the district board 
the complete control of the house for school purposes is 
illegal. In the case of Tracy vs. Talbot (6 Mad. R., 214), 
Judge Holt held that "If a house, originally entire, be di- 
vided into several apartments, with an outer door to eaah 
apartment, and no communication with each other, the sev- 
eral apartments shall be rated distinct mansion houses." 

The supreme court of Massachusetts held, in case of 
George vs. School District Mendon (6 Mete, 510) as follows: 
''If, under color of this corporate power of a school-district, 
the inhabitants should vote to erect an expensive and orna- 
mental building, with a view to improve the neighborhood, 
to enhance the value of the real estate, to accommodate 



4L 

societies, lectures, dramatic exhibitions, or to have a con- 
venient place for religious meetings or public worship, or 
for any other use than that of a district town school, it 
would not be within the legitimate authority of a school- 
district, and any vote to levy a tax on the inhabitants for 
such a purpose would be void." 

There may be distinct tenements under the same roof; 
and tenements are as essentially distinct when one is under 
the other, as when one is by the side of the other. (1 Mete, 
541.) 

It is desirable that every district should own a good school- 
house, and that it should be entirely separate from other 
buildings; still, it sometimes happens that economy demands 
a co-operation between the district and some other associa- 
tion, in erecting two houses under the same roof. Such an 
arrangement is held to be legal, provided the district secures 
by proper legal covenants: First. The complete and un- 
divided control of the school rooms at all times, and of all 
doors and passages affording egress and ingress thereto. 
Second. That the other rooms of the building shall not be 
used at any time during school hours for an assemblage or 
purpose which can distract the attention of the pupils, or 
interfere, by noise, or otherwise, with their instruction. 
Third. That the parties using or owning the other rooms 
shall pay the whole or some definite part of the expenses of 
such repairs upon those rooms, or the roof or other parts of 
the building, as the district shall deem necessary. Fourth. 
That the parties owning the other parts of the building shall 
pay a proper proportion of the amount necessary to keep 
the whole properly insured. 

The best method of protecting the interests of the district 
is for the board to lease the rooms on the foregoing con- 
ditions, and such others as are proper. The lease should 
provide for its own termination on any breach of its con- 
ditions, and should contain an express provision that when- 
ever a district meeting shall determine that the residue of 
the building is needed for school purposes, the same shall 
become the property of the district upon the payment of the 



42 

appraised value of the labor and materials used in its con- 
struction. 

A district meeting may vote a tax for a fence, sidewalks, 
separate privies for the two sexes, wood-house, stoves, 
stovepipe, and bell, as these are held to be necessary ap- 
pendages. 

Money may also be raised to pay for the instirance of the 
school-house. The school-house can now be insured in 
those companies that require a note for part of the pre- 
mium. All taxes voted must be for specific and legal 
objects, and the specific amount raised for each of the sev- 
eral objects for which the tax is levied, should be stated in 
the resolution passed by the meeting, in order that the dis- 
trict and the board may know the precise extent of their 
liability and authority. 

A district has power to vote a tax to enlarge a school- 
house, notwithstanding it may have cost all that said district 
is by law authorized to raise in any one year, and the tax 
for such enlargement does not require the consent of the 
town supervisors thereto. The amount received from the 
sale of the old school-house may be added to the amount 
authorized by law to be raised for building in any one year, 
and expended for the new building. 

6. To vote such tax as the meeting shall deem proper for 
the payment of teachers' wages in the district; provided, 
that for such purposes in all school-districts having an av- 
erage attendance at school, for the year, of fifteen scholars 
or less, not more than three hundred and fifty dollars shall 
be raised in any one year; in all school-districts having an 
average attendance of not more than thirty nor less than 
fifteen scholars, not more than four hundred and fifty dol- 
lars shall be raised in any one year; and in all school-dis- 
tricts having an average a,ttendance of not more than forty 
nor less than thirty scholars, not more than five hundred 
and fifty dollars shall be raised in any one year. 

The amount which may be raised for teachers' wages is 
restricted by the average attendance at school for the pre- 
vious year, the particulars of which should be made known 
at the annual school meeting, before taxes are voted, that 
the amount voted may not be unlawful. 

By reference to subdivision 10, it will be seen that a dis- 



43 

tfict with less than two hundred and fifty inhabitants can- 
not raise more than $500 in one year for teachers' wages, or 
any other purpose, besides those therein excepted. 

The income of the school fund annually apportioned to 
the different districts on the basis of population over four 
and under twenty years of age, must be appropriated to the 
payment of teachers' wages, and the balance is to be 
raised by tax. A tax cannot legally be levied to pay a per- 
son for services as a teacher who did not hold a certificate 
of qualification at the time such services were rendered; 
nor can any public money be paid to a person for services 
as a teacher, who is not qualified according to law. 

7. To authorize and direct the sale of any school-house 
site or other property belong to the district, when the same 
shall be no longer needed for the use of the district. 

The restriction here imposed upon the sale of district 
property is important. It must no longer be needed for the 
use of the district. The district must act through the dis- 
trict board, as the board alone is competent to make con- 
tracts binding upon the district. If any credit is to be 
given upon the sale of district property, the people at the 
district meeting should, by resolution, specify the exact 
terms thereof, and should fix the lowest price to be accepted. 
The district board are responsible to the district for the ex- 
ercise of the same care that a prudent man would take in 
managing his own affairs. 

8. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

The debts which the district is most likely to incur, are 
such as may be made by the board, under sections 435 and 
436, for repairs on the school-house, in providing necessary 
appendages for the same, and in the purchase of record 
books, blanks, stationery, apparatus, school books for indi- 
gent children, and for the school generally, when author- 
ized so to do. The district may also incur indebtedness for 
money borrowed.* 

9. To vote a tax not exceeding seventy-five dollars in any 
one year, for the purchase of maps, blackboards and school 
apparatus. 

*See comments on subdivision 11. 



Maps are necessary for teaching geography, for the prin- 
cipal facts are learned more readily by the eye than in any 
other manner. Every school room should be furnished with 
a map of the world, of the United States and of this state; 
also of the county in which the school-house is situated, A 
globe is also desirable. Blackboards should extend around 
the school room, that is, should occupy all the space not 
taken by doors and windows, to a heighth of seven feet 
from the floor, the lower edge of the blackboard being about 
two feet nine inches from the base board. Charts are now 
easily obtained for teaching reading, penmanship and other 
branches, and the cost is much more than made up in the 
increase of interest among the pupils, and the greater facili- 
ties for the teacher. School boards should acquaint them- 
selves with the cost and the use of the more simple and im- 
portant kinds of apparatus, as they are now authorized to 
purchase school apparatus for the use of the district, not 
exceeding in value seventy-five dollars in any one year, 
without authority being given by vote of the district. See 
section 436. 

10. To vote a tax, not exceeding one hundred dollars in 
any one year, for a district library, consisting of such books 
as they may direct their district board at a district meeting 
to purchase; said books to be selected under the advice of 
the state superintendent; provided, that any school-district 
having less than two hundred children of school age, shall 
not vote a tax exceeding fifty dollars in any one year, for 
such library; and that no district containing a population 
of less than two hundred and fifty inhabitants shall have 
power to levy and collect a tax of more than five hundred 
dollars in any one year for any purpose other than for the 
purposes prescribed in the fifth subdivision of this section, 
and for the payment of the principal and interest of any 
loan due the state. 

Very few districts now make use of the provisions of this 
section, except those included in cities and villages. By 
chapter 426, laws of 1887, and the amendments thereto, a sys- 
tem of town school libraries is provided for, and a part of the 
public school fund income is authorized to be used for the 
purchase of books, to be circulated among the school dis- 
tricts of the town. Before action is taken under tJais sec- 
tion, the features of the other system should be considered. 



45 

The law will be found under the title of "libraries," on a 
subsequent page. 

The restriction of the amount of tax that may be raised 
in one year for any purpose, except two, to $500, by a dis- 
trict with less than two hundred and fifty inhabitants, 
should be carefully noted. 

The preceding subdivisions (5, 6, 8, 9, 10), cover all the 
objects for which school-districts may levy taxes, except 
those named in subdivision 16, in sections 474, 4?5 and 476, 
and in the sections of the revised statutes printed immedi- 
ately thereafter, in this code. 

In this connection, it it deemed proper to insert the act of 
1879, limiting the total amount of school-district tax to be 
levied in any one year, with some comments. 

Chapter 118, Laws of 1879. 

Section 1. The total amount of school-district tax, here- 
after levied in any school-district in this state, in any one 
year, for building, hiring, or purchasing any school building, 
and for the maintenance of schools, including teachers' 
wages and incidental expenses, shall not exceed five per 
cent, of the total assessed valuation of taxable property in 
such school-district for the current year. 

Section 2. All acts or parts of acts conflicting with this 
act are hereby repealed. 

The object of this law is to restrain excessive taxation for 

school purposes. Under it the total amount of taxes levied 

by a district in any one year must not exceed five per cent. 

of the last valuation of property in the district. Although 

the taxes may be less than five per cent, the restrictions 

provided for in section 430 (subdivisions 5, 6, 9 and 10) are 

still in force. They are not in conflict with the above act 

and are not repealed by it. 

11. _ To authorize the district board to borrow money as 
provided elsewhere in these statutes. 

Under section 474, the district may authorize the board 
to borrow money, as well as levy a special tax, to meet any 
unusual exigency. This authority is given to the district, 
partly in place of that formerly conferred by section 64 of 
the school code, not only to levy special taxes, but if done 
between the first Monday in November and the next annual 



46 

meeting, to assess and collect the same at once through the 
district clerk and treasurer. All such special taxes may 
still be voted, but will be collected as other taxes are. In 
the meantime, money may be borrowed to the amount of 
the tax. 

By section 475, a school-district is authorized to make a 
loan of money to aid in the erection of a school-house. 
Loans can also be made at the present time, from the trust 
funds of the state under section 261 of the revised statutes. 
Such loans can usually be more conveniently paid by in- 
stallments. Although the inhabitants of the district may,, 
by resolution, declare their intention to raise a certain 
amount annually for two or more years, yet the action of 
the meeting is limited to one of the installments, and it re- 
quires the action of the district at a subsequent meeting tO' 
raise another installment. Money cannot be borrowed, 
under section 475, for any other purpose than " to aid in the 
erection of a school-house." 

12. To authorize the district board to admit to the priv- 
ileges of the school, persons over twenty years of age, and 
persons not residing in the district, whenever such admis- 
sion will not'interf ere with the accommodation or instruction 
of the scholars residing therein, and to fix a fee for tuition 
per term, quarter, or year, to be charged to the persons 
thus admitted. 

The vote of the district is to authorize the board to admit 
the persons mentioned to the school. The consent of the 
board should always be signed in writing, and should not be 
given until the tuition fee has been paid to the district 
treasurer. No teacher should admit a non-resident pupil 
into his school without express authority conveyed in writ- 
ing. It is sometimes difficult for the district board to deter- 
mine the liability of inhabitants for the tuition of persons. 
in their employment or under their protection. Crowding 
into a district in which a superior school is maintained, to 
enjoy its advantages free of cost, under plea of having resi- 
dence as an employe in a family, is an abuse that needs 
sometimes to be corrected. 

The tuition fee may with propriety be made merely nom- 
inal, however, to such persons as are residents of other dis- 



•47 

tricts, but who are tax-payers in the district where they 
desire to send to school, provided, their distance be such a& 
to preclude the possibility of their being attached to the 
district. 

Tbe question of residence settles the right to free tuition 
in any school. 

The legal residence of the child is usually with the par- 
ent or guardian; but cases frequently arise where the nat- 
ural or legal guardian provides a residence for a child or 
ward in a district where the guardian does not reside. 
Where this is done, not for the purpose of taking advantage 
of school facilities, but for the purpose of a home, the child 
should be enumerated in such district where he resides, and 
be accorded free tuition in the school. See remarks on sec- 
tion 463. 

An orphan without guardian takes his residence with him 
wherever he goes. 

In all doubtful cases the board is authorized to exercise its 
powers liberally as regards a child having its home in the 
district and nowhere else. It is not for the public good that 
any child should grow up uneducated. 

The supreme court of this state in a recent decision, in 
the case of State vs. Thayer, State Superintendent, has sus- 
tained the opinion of the present and former incumbents 
of the office, indicated in the preceding comments. The 
case was that of a mother, a school teacher, whose husband 
deserted her, leaving her to support several children. For 
one of these she provided a home in the village of Wauke- 
sha. The school board refused the child free tuition in the 
public school, upon the ground that as neither the father or 
mother ever had a legal residence in the village, the child 
had none. The state superintendent set aside the decision of 
the board, and held that the child was a resident of the vil- 
lage, and entitled to attend the public school. The supreme 
court in sustaining that opinion, on appeal, say: "To es- 
tablish the rule that a minor cannot have a residence for 
school purposes other than that of his parents would in 
many cases deprive such minor of all benefit of such 
schools. When the minor has poor parents, the poverty of 



48 

the parents renders it absolutely necessary, in many cases, 
that a home for the minor children should be found in 
places different from that of the parents, and under the 
construction insisted upon by the learned counsel for the 
relator, such unfortunate children, for whose benefit our 
free schools were especially instituted, would be deprived 
of all benefit of them. Such construction of the law would 
be against its beneficent spirit, and should not prevail, un- 
less the language is so clear that no other can be given to 
it. We do not decide in this case, nor do we understand 
the learned state superintendent to decide, that the father 
or' mother or other legal guardian of a minor can transfer 
such minor from one school-district to another for the sole 
purpose of having the privileges of the public school of 
the district to which he may be transferred. The rule in 
such case is very clearly stated by the learned superintend- 
ent in the following language: 'Effort has been made to 
guard against the precipitancy of non-residents to points 
where superior advantages exist, and schools of high order 
are maintained, by holding that such children onl}' are en- 
titled to free tuition as are actually residing in the district 
for other, as a main purpose, than to participate in the ad- 
vantages which the school affords. * * * This 
y A • appears to be a just and equitable view to take, and one to 
*/ /'^^■^jvvhich neither party should object." The facts in this case, 
JO^'i-KriAi as found by the learned superintendent, support the con- 
ttMA- ^1 ^ tention of the mother that Phillip Smith was sent to reside 
V in the village of Waukesha in order to give him a suitable 

home in the family of Mrs. Dr. Fox, and that the main 
purpose was not to participate in the advantages of the 
public schools of such village. The rule above stated was 
recognized by the supreme court of New Hampshire in the 
cases of School-Dist. v. Bragdon, 33 N. H., 507-516, and 
School-Dist. V. Pollard, 55 IST. H., 503, and, as said by the 
learned superintendent, is 'just and equitable.' The decis 
ion of the state superintendent herein is affirmed. " 

The district board has no authority to admit non-resident 
children into the school contrary to the vote of the district, 
nor has it authority to exclude them after a vote of the in- 



49 

habitants to admit them. It is the duty of the board, in this 
matter to carry into effect the instructions of the district. 

It will be seen that the board has power under section 439 
to admit persons between twenty and thirty years of age 
to the schools in certain cases. This power is commented 
upon in the proper place. 

The teacher has no authority in the matter of admitting- 
or excluding non-residents, but will be governed by the in- 
structions of the board. 

13. To authorize the district board to purchase text- 
books for use in public schools, to be loaned or furnished 
pupils under such conditions as, by such vote and regula- 
tions of the board thereunder, may be prescribed. 

This subdivision takes the place of chapter 315, of the 
general laws of 1875, and it is important that every district 
should avail itself of the privilege here given, as a means 
of great convenience in insuring a timely and uniform sup- 
ply of school books, and as a measure of economy. To this 
end, the board, having determined under section 440 what 
text-books shall be used, should bring the matter of pur- 
chase by the district before each annual meeting, having 
first carefully estimated how many of each kind will be 
wanted for the ensuing year. 

It should be remembered, however, that while the board 
has power to adopt, it has no power to purchase books, un- 
less authorized by the district. Being thus authorized, the 
board should not undertake to bind the district to purchase, 
at certain rates, for a series of years. Books once adopted 
must be used for three years, without change; but the dis- 
trict may not continue the policy of district purchase more 
than one year. Hence the caution not to enter into any 
agreement that the district shall buy the books for more 
than one year. Proposals of agents to contract for a series 
of years should not be listened to, because such contracts 
are not warranted by the school laws. 

District boards are cautioned against purchasing books 
or school apparatus of traveling agents, unless they are 
known to be reliable; especially against having anything 
to do with agents who call upon individual members of the 



50 

"board, and pretend that they have seen the other members 
and obtained their consent to certain purchases. A board 
•cannot legally purchase books, unless they have first been 
authorized and directed to purchase, by the district, and 
there must first of all have been an act of adoption of the 
books, by the board. A school board can do no business 
lawfully as a board, unless a legal meeting is called and 
held. 

An honest agent, while he may submit reasons to a board 
for adopting certain books, will not attempt to induce them 
to make any purchases or orders, until so authorized by the 
district. Until then, section 501 stands in the way. 

14. To determine the length of time a school shall be 
taught in their district the then ensuing year, which shall 
not be less than six months, and whether such school shall 
be taught by a male or female teacher, or both, and 
whether the school moneys to which the district is entitled 
from the school fund income, and from the town, shall be 
applied to the support of the summer or winter school, or a 
certain portion to each; but if such matters shall not be de- 
termined at the annual meeting, the district board shall de- 
termine the same. 

The number of days during which a school must be 
taught, to meet the requirements of the law in regard to the 
apportionment of school money, is one hundred and twenty, 
and this number includes legal holidays, viz. : New Year's 
day, the twenty-second of February, the thirtieth day of 
May (Decoration day), the Fourth of July, the day of gen- 
eral (or fall) election, and Christmas, together with days of 
fasting or thanksgiving appointed by state or national au- 
thority. 

If the matters enumerated in the fourteenth subdivision 
are not determined by the annual meeting, the district 
board must determine the same; but the inhabitants, at a 
special district meeting, are authorized by section 427 "to 
transact the same business as at the first and each annual 
meeting, except the election of officers." When the district 
has determined the length of the school (being not less than 
six months), the sex of the teacher or teachers, and the ap- 
plication to be made of the school moneys, the board have 
no discretion, but must carry out the vote of the district. 



51 

In case they find it impracticable to do so in any particular, 
the remedy is a special meeting, to give them further in- 
structions. 

15. To give such direction and make such provision as 
may be necessary in relation to the prosecution or defense 
of any action or proceeding in which the district may be a 
party or may be interested. 

Tlie district may appoint any suitable person to represent 
them in a suit; but in the absence of such appointment, the 
director is constituted the representative of the district in 
all suits. See section 442 and the comment thereon. 

16. At the annual meeting only, to vote a tax to com- 
pensate the clerk, which, in districts supporting graded 
and high schools, shall be such sum as may be voted, and 
in other districts not more than ten nor less than five 
dollars. 

This subdivision embodies chapter 91, laws of 1876. It 

authorizes the district to vote compensation to the clerk, 

but not to the director or treasurer. The vote can be taken 

only at the annual meeting, and is operative for one year 

only, unless renewed. 

17. To alter, repeal and modify their proceedings as 
occasion may require. 

The power to repeal proceedings cannot be exercised after 
thay have been carried into effect, so that rights have been 
acquired under them. When the district board has made a 
contract under authority of the district, the repeal of the 
resolution authorizing such contract will not rescind the 
contract. The district can modify or repeal the contract 
only after securing a release of damages from all the par- 
ties who have acquired any rights of action. 

A district can repeal a resolution to raise a tax, at any 
time before the warrant to collect the tax is handed to the 
collector; but this power cannot be exercised after part of 
the tax has been collected (Gale vs. Mead, 4 Hill; Smith vs. 
Dillingham, 4 Barbour). It is advisable that resolutions 
should be repealed in express terms, when such is the inten- 
tion, and not by implication. 

When a resolution is to be repealed at the meeting at 
which it was passed, it is usually done by a motion to recon- 



52 

si(1(M-. 'V\\c i;on<M-;il rulo is thai ;i motion io vocous'mIcv (\\u 
om1\ ho made by a [>ors(>n who Noloil with th(> inajorit.y on 
Iho quostion lhi> roi'oiisiiltM'atioii of whioh is propostnl: and 
this nUo is a propcM* ono i'ov Iho chairuian of tho nuvtiug* to 
obsorvi*: hut. if on appoal i'vom tho dooision of t.ho chair- 
man, llio nuijority of the mool.inj>' i'hiH>so to disroj^a.ni tho 
niU\ it. may bo sot asido. 'rh(> nsual ndos j>-ovorniii}j;- U\i2:ishi- 
tivo bodios aro nt>t binding;- ni>on district mooting's, uidoss 
snob moot injA's a(1opt snob ruU's. Any n^sobit ion directly or 
,in>oossarily roiuij^iiant to a [>ri>v ions ono, ropcwls it: and tho 
nUo as hiid down (;> Howard, U. S. R.. (\;W) is that if a, sub- 
sequent statute be not repugnant in all its provisions to a 
prior ono. yot if tho hitter statute was oUvirly intondod to 
proscribe tho only rule that should govorn in tho case pro- 
vided for. it ropivils tho prior ono. 

Tho ro[H\U ol' a i\>poaling- statute does not rovivi^ ilu^ orig- 
inal onaotniiMit . 

l^tVu'ors olootod at an annual mooting oaiinotbo displaced 
by rooonsidoring or rosoinding former proooodiugs at an a^l- 
journod mooting. When an election has boon hohl in duo 
form, tho elective pmviM- o( the dist riot is exhausted, and the 
otticors chosen at tho annual mooting are tlie h^gal otticers 
of the district, luuil by doatb. icsignatiou. removal from the 
district, expiration o( [ovm. refusal to serve, or removal from 
ottico. a vacaui\v occurs proper to bo tilled by election or ap- 
pointment. And when a person oiUitlod \o hold otlico has 
boon olocitHl, and has not refusoti to serve, there is no power 
to take it fri^n him or debar him from assuming his duties. 



11. niSTKir r OFFICERS AND BOARD. 

8kctu>n VM. Tho otticors of oai'h scbooldistricv. shad be 
a director, treasurer, and clerk, who shall be residents of the 
distriet, and shall hold their respective oitices for three 
veal's, ami until their successors have boon ehosen or ap- 
pointed, but not beyond ten days, beyond the expiration of 
their term of otliee,. without being again oloi'tod or appointed; 
proridiuL that at the first eloetion of such olticers. in any 
lunvly organized district, the tderk shall bo chosen for one 
year, tho treasurer for two years, and tho diiootor for three 
vears; and thereafter, each othcor shall bo chosen for throc^ 



53 

years. Any person present at a school-district meeting, at 
which he shall be elected one of the district board, shall be 
deemed to be notified thereof; and any person so elected and 
not present, shall be notified thereof by the clerk of said 
meeting, within five days thereafter; and unless each person 
elected and notified shall, within ten days after his election, 
file with the clerk his refusal in writing to accept the office, 
he shall be deemed to have accepted the same.* 

Comments upon the mode of electing district officers, and 
upon what constitutes an election, are made under subdivis- 
ion 3, of section 430. See also the comment immediately 
preceding the section now under consideration — 431. 

In reckoning the terms of district officers, the time from? 
the first meeting of a legally organized district to the first, 
annual meeting, no matter how short that may be, is to he' 
considered a year, because all subsequent elections must be' 
at the time fixed for the annual meeting; hence at the first 
annual meeting of a newly organized district, a new clerk 
will be elected for the term of three years; at the second 
annual meeting, a treasurer is to be elected for three years; 
and at the third annual meeting, a director is to be elected 
for three years. Thereafter, one officer only is to be elected 
at each annual meeting, for the term of three years, and in 
the following order: clerk, treasurer, director. It may some- 
times be necessary, however, to elect one, or even two, offi- 
cers, to serve out an unexpired term, in addition to the 
officer elected for a full term. 

By reference to a provision added to section 443, in 1879, 
it will be seen that it restricts a district in the election of a 
treasurer. It is not probable that attempts are often made 
to give the office of treasurer to the director or clerk of the 
district. The act forbids such action, and likewise forbids 
that the teacher shall hold the office of treasurer in the 
same district. It does not by any means follow from this 
last prohibition, that it is now proper or allowable to em- 
ploy the clerk or director to teach the school. This is against 
public policy, and is very likely to breed difficulty or dis- 
satisfaction. See comments on section 438. 



*SeeFormNo. 16. 
5— S. C. 



54 

By amendment of section 443, made in 1889, district treas- 
urers now hold the office until successors are elected or 
appointed, and qualified by filing the required bond. 

The question sometimes arises whether it is proper to 
elect persons as district officers who are not citizens. As 
there is no statutory jjrovision on the subject, a decision of 
the supreme court is given. In the case of Off vs. Smith (14 
Wis., 497), it was held that "' it is an acknowledged principle 
which lies at the foundation [of popular governments] and 
the enforcement of which needs neither the aid of statutory 
or constitutional enactments or restrictions, that the gov- 
ernment is instituted by the citizens for their liberty and 
protection, and that it is to be administered and its powers 
and functions exercised only by them, and through their 
agency." 

On the other hand it may be held, in regard to persons 
who have declared their intention to become citizens, that 
as they are permitted to vote, they are eligible to district 
offices, if it is desired to elect them. But it is not allowed 
by the statute to elect a non-resident of the district to a dis- 
trict office. 

Under section 513, any woman of twenty-one years of 
age and upwards may be elected or appointed a school 
•officer. 

Officers elected at the first meeting of any district are 
required to file written acceptances, but at the annual 
meetings succeeding, written acceptances are not required. 
However, persons not present at an annual meeting must 
be notified if elected to office; and unless a person who has 
been notified of an election, shall, within ten days after his 
election, file with the clerk his refusal to serve, he shall be 
deemed to have accepted the office. A verbal refusal to 
serve, or inattention to the duties of the office does not create 
a vacancy. A person elected should therefore serve, or 
signify his refusal to serve in a legal way, and within the 
legal time. 

Subdivision 8, of section 961, of the revised statutes, di- 
rects that the resignation of a district officer shall be to the 
district board. 



55 



^, 



Section 962, of chapter 42, of the revised statutes, as 
amended by chapter 361, laws of 1889, declares when offices 
become vacant. That section is here inserted: 

Section 962. Every office shall become vacant on the 
happening of either of the following events: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of this state ; or if the 
office be local, his ceasing to be an inhabitant of the dis- 
trict, county, town, city or village by or for which he shall 
have been elected or appointed, or within which the duties 
of his office are required to be discharged. 

5. His conviction of any infamous crime, or of any 
offense involving violation of his official oath. 

6. The decision of a competent tribunal declaring void 
Ms election or appointment, or adjudging him insane. 

7. The neglect or refusal of any loerson elected or ap- 
pointed or re-elected or re-appointed to any office, to give 
or renew his official bond, or to deposit the same in the 
manner and within the time prescribed by law. 

8. The neglect or refusal of any officer in office to ex- 
ecute and file an additional bond, when lawfully required, 
in the manner and within the time so required or pre- 
scribed by law. 

9. The death or declination in writing, of any person 
elected or appointed to fill a vacancy, or for a full term, be- 
fore he qualifies, or his death or such declination before the 
time when, by law, he should enter upon the duties of his 
office, to which he was elected or appointed. 

10. On the happening of any other event which is de- 
clared by any special provision of law to create a vacancy. 

Another event which creates a vacancy in school-district 
offices by special provision of law, is absence from the dis- 
trict for a period exceeding sixty days. 

This law is as follows: 



(LjLt ^ 9 ^ CL Chapter 427, Laws of 1889. 



SEorpiON-H '. When any school-district officer, either clerk, 
director or treasurer, shall be and remain absent from the 
district for which he was elected for a period exceeding 
sixty days, the office shall be deemed vacant by reason of 
such absence, and the remainder of the board shall have 
the power to appoint a successor, or in their failure so to do 
the town clerk shall have the same power to fill the vacancy 
in said school-district office as provided by section 433 of 
chapter 27, of the revised statutes. 






<-k. 



56 

By this act a remedy is provided for an evil quite largely 
experienced in some sections of the state. Persons holding 
school-district offices absent themselves without resigning 
the office held, thereby greatly embarrassing the legal and 
orderly management of school-district affairs. An absence 
by an incumbent exceeding sixty days will hereafter work 
a vacancy in a school-district office, and such vacancy can 
be filled, and the district relieved from embarrassment. 

THE DISTRICT BOARD. 

Section 4o"-?. The director, treasurer and clerk shall con- 
stitute the district board. Meetings of the board may be 
called by any two members thereof by serving on the other 
member a written notice of the time and place of such 
meeting, at least twenty-four hours before such meeting is 
to take place. No act authorized to be done by the district 
board shall be valid, unless voted at a meeting of the board. 

It will be seen by this section that the powers conferred 
by law upon the district board must be exercised by the 
board meeting and deliberating at the same time and place, 
and not by one or two forming a determination and obtain- 
ing the assent of the absent. The decision of a majority at 
a meeting properly convened, is the decision of the board, 
but the decision of a majority, or even of all three, under 
other circumstances, is not the decision of the board. It is 
merelv the concurrent opinion of the members of the board, 
and is no more the decision of the board than the concur- 
rent opinion of the members of the legislature, arrived at 
by taking their separate votes at their respective homes,, 
would be an act of the legislature. The law supposes that 
a majority may be convinced by a minority and change its 
determination, and therefore will not allow the majority to 
act without giving the minority due notice to participate. 

It is held in lU Maine R , ISo, that the dismissal of a teacher 
by two, a majority of the board, was illegal, because the 
third was not notified, although he was out of tovv^n. The 
court say, "That does not allow the majority to dispense 
with the rule requiring notice. They are not in such cases, 
constituted the judges whether the notice would be effect- 
ual to secure his attendance. Nor would it be entirelv safe 



57 

to entrust them with such a power, as it would afford an 
opportunity to select an occasion when they might judge 
that a notice would be ineffectual, and thus, by neglecting 
to give it, free themselves from the presence of a dissent- 
ing minority. It may often fiappen that those will be able 
to attend, who were believed to be so situated that their 
attendance could not be expected. Nor is there any diffi- 
culty in giving the requisite notice in such cases, as one 
left at the usual place of residence would be sufficient." 

It has long been held by the Department of Public In- 
struction that there must be a meeting of the board called, 
in order to any lawful action. This section now expressly 
provides that no act of the board " shall be valid, unless 
voted at a meeting of the board," and the amendment of 
1875, which recognized the sufficiency of accidental meet- 
ings in certain cases, is expunged. 

A single member of the board may be authorized to carry 
out a vote or determination of the board, such as making a 
purchase, engaging work to be done, etc. 

Section 433. The said board shall have power to fill by 
appointment any vacancy that may occur in their own 
number, within ten days after such vacancy shall occur; 
and if such vacancy shall not be filled within ten days as 
aforesaid, by said board, the town clerk shall fill such va- 
cancy by appointment. In case a vacancy shall occur in a 
joint district, and shall not be filled by the district board, 
the clerk of the town in which the school-house is situated 
shall fill said vacancy. Any person appointed to fill a va- 
cancy, upon being notified of such appointment, shall be 
deemed to have accepted the same unless he shall, within 
five days thereafter, file with the clerk or director a written 
refusal to serve; and any person appointed to fill a vacancy 
shall hold the office until the annual meeting succeeding 
such appointment, at which the electors shall fill such va- 
cancy for the unexpired term.* .J^^X"^^^"^^^ l^%Xl^sf "sftl^n 

433 The said board shall have power to fill by 

Vacancies usually occur from -vv^-^Jl' nnZ^lf^^it^^^^^^^ rylaSuch 
vice, and failure to elect a sue --^Eed wS^Un'dayVafafoS^^^ 
moval from the district, resignat ^°-^',f bVTp'poinlmeift f" Vse^" -cincy 
from office by the county judge, f-^^l^p^l^.f,^^^^^^ 

^ 4-V. • + 1 • orvUaee in Which the school house is Situated 

more than sixty days; m case C^[-^Ufillsuch vacancy. Any person appoiut'^d 

to fill a vacancv. upon being notified of such ap- 

poii tment, shall ho deemed to have accepted the 

same unless he shall, within five days thereafter 
*See Forms Nos. 1 file with the clerk or director ? writ en refusa 
to =erve; and any person appointed to fill a va 
cancy shall hold the office until the annual 
mcetmg succeeding such appointment at which 
the electors shall fill such vacancy for the uuex- 

^'sectlor^ This act shall take effect and be 
In force from aud after its passage and publica- 
tion. 



58 

to file a bond, as required by law, or througli removal by 
the governor. 

The power of the district board to fill a vacancy continues 
but ten days; if thoy do not fill it in that time, the duty de- 
volves upon the town clerk. But neither the board nor the 
town clerk is authorized to act judicially, and set aside an 
election, where an officer is deemed to have been elected 
illegally. Such person having been declared elected, and 
entering upon the office, will be held to be an officer de facto^ 
until the illegality of his election is determined by compe- 
tent authority. 

In other cases the board or the town clerk, before making 
an appointment, must of necessity decide in view of the 
facts that a vacancy exists, and in the order making the ap- 
pointment, the facts which have caused the vacancy should 
be stated. 

In case of expiration of a term of service, and no election 
to fill the vacancy, it is to be understood that the term does 
not actually expire until ten days after the annual meeting. 
The board then has power, for ten days, to fill the vacancy, 
and the town clerk has therefore no power to fill it until 
twenty days after the annual meeting. 

In case of a &.ingle vacancy in the district board, those in 
office possess all the powers of a full board for the purpose 
of filling such vacancy, but if two vacancies exist at the 
same time, the remaining member cannot fill them. It 
must be done by the town clerk. 

A person should not be re-appointed who refuses to serve, 
or whose resignation has been accepted. The statute re- 
gards the penalty for refusing to serve as an equivalent for 
the service. (See section 500.) 

It will be noted that in case of vacancy in a joint district, 
necessarj' to be filled by the town clerk, it is to be done by 
the clerk of the town in which the school-house is situated. 

In case of appointment, the term of office of the appointee 
expires at the next annual meeting, and if a successor is not 
then elected, the incumbent cannot hold the office more than 
ten days after the annual meeting. It then becomes the 



59 

duty of the board to fill such vacancy, and if they neglect 
to fill it, this duty devolves on the town clerk. 

Section 434. The district board, in their corporate name, 
shall purchase or lease such a site for a school-house as shall 
have been designated by the district, and shall build, hire, 
or purchase a school-house out of the funds provided for 
that purpose, and when required, make sale of any school- 
house, site, or other property belonging to the district, and 
if necessary, execute a conveyance of the same, in their 
name of office, when lawfully directed by the qualified 
electors of such district, at any annual or special meeting. 



Chapter 190, Laws of 1885. 

Section 1. All churches, public and private school-houses, 
hotels, factories, or other manufacturing establishments, 
constructed at any time after the passage of this act, shall 
be so constructed that the doors shall swing outward, or 
both in and out, as the builders thereof may elect. 

A school-district is a corporate body, and as such has per- 
petual succession and existence in its corporate name, and 
the capacity to hold real and personal estate for its corpo- 
rate purposes. It possesses this power as a legal body wholly 
distinct from the individuals which from time to time com- 
pose it. The district can act as a corporation only through 
its officers. The power to purchase or lease a site for a 
school-house, or to build, hire, or purchase a school-house, or 
to sell any school-house, site, or other property, belongs ex- 
clusively to the district board. It is often the case that a 
building committee is appointed by the district to superin- 
tend the erection of a school-house. Although the law con- 
templates no such committee, yet so far as it can aid the 
board by its advice and service in carrying out the wishes of 
the people of the district, there can be no objection to it. 
But the district board alone has power to bind the district 
by a contract, written or verbal, and the district has no 
power to supersede them by appointing a building commit- 
tee, or any other agents. The district may, however, 
through a committee, procure plans and specifications for a 
school-house, and may select such a plan as is deemed suit- 
able, and limit the power of the district board to make a 



60 

contract for erecting a house according- to the plans and 
specifications adopted. 

This is the only way of controlling the district board. It 
rests with the board to accept or reject the work, unless the 
people, in district meeting, have appointed or provided for 
the appointment of other arbiters. This may be done by 
directing it to be inserted in the contract with the builder, 
that the sufficiency of the materials and workmanship un- 
der the contract shall be determined by persons named in 
the resolution. 

A stringent contract, which in all cases should be in writ- 
ing, with proper provisions for the adjustment of any ques- 
tions that may arise under it, will relieve the district board 
from much personal responsibility and trouble, as well as 
prevent quarrels and perhaps litigation, which are in any 
event injurious. 

The inhabitants of a district, assembled in district meet- 
ing, should give plain and specific instructions to the dis- 
trict board in regard to the matters referred to in this 
section. All votes relating to purchase or sale of site, 
school-house, or other district property, should be taken by 
yeas and nays, and all proceedings should be entered at 
length upon the record book of the district. 

Section 435. The district board shall have the care and 
keeping of the school-house, books, apparatus, and all other 
property whatsoever belonging to the district, except that 
especially confided by law to the clerk, and they shall an- 
nually make an inventory thereof before each annual dis- 
trict meeting, and deposit the same with the clerk of the 
district; they shall keep the school-house in good condition 
and repair, and provide all necessary appendages during 
the time a school shall be taught therein. They may grant 
leave to any responsible inhabitant or inhabitants of the 
district applying therefor, to occupy the school-house for 
such public meetings as will, in the judgment of the board, 
aid in disseminating intelligence and good morals: any 
such licensee, and if the school-house be so occupied without 
there being such responsible licensee answerable, then the 
district board shall be personalh' liable to the district for 
any injury done to any property and for any expense what- 
ever incurred by, at, or in consequence of any such use of 
the school-house. 



61 



Chapter 414, Laws of 1887. 

Section 1. Any school district board in the state, insur- 
ing in a town insurance company the school property in its 
charge, is hereby authorized to execute a note for the pre- 
mium. 

The board has exclusive control of the property of the 
district, including the school-house, unless it shall be espe- 
cially confided to the care of the clerk. In either case, it is 
important that the trust be faithfully discharged — that 
the furniture, books, fences, grounds, out-houses, etc., be 
carefully looked after. It will be convenient to devolve 
this care especially upon the clerk, as he has, or may have 
a salary. 

That the district may be kept appraised of the nature and 
condition of its property, the law requires the board to 
make an annual inventory of the same, and deposit it with 
the clerk. This should be done before the annual meeting, 
and the inventory produced when called for. 

It is also the duty of the board to provide the necessary 
appendages for the school-house, without waiting for in- 
structions so to do from the people of the district. They are 
also required to keep the school-house in good condition and 
repair during the time a school shall be taught therein. 
This duty should be promptly and efficiently performed. 
Under this section, the board has power to cause to be built 
suitable out-houses, and to provide blackboards, etc., neces- 
sary to the successful management of the school. 

In the discretion confided to the board under this section, 
they should distinguish between things necessary and things 
unnecessary, though perhaps desirable. A stove is a neces- 
sity] an organ is not so. 

It has long been customary to allow school-houses to be 
used, at proper times, for religious, literary, and other meet- 
ings; and so long as no injury is done to the property, and 
no detriment arises to the school from such use of the school- 
house, it is unobjectionable. It is often the only place in 
the neighborhood in which any kind of public meeting can 
be held, and the board will not usually be blamed for allow- 



62 

ing* a discreet use to be made of the building. They are au- 
thorized to do this, as the law stands, but as a matter of 
prudence, may, if they prefer, grant the leave only to some 
responsible inhabitant, who is to be answerable for the 
proper care of the house, etc. If there is no such person 
made responsible, the board becomes personally liable to 
the district, if the use of the house is allowed. If a ma- 
jority of the tax-payers are opposed to having the school- 
house used for any other than school purposes, it may be 
better for the board not to allow it to be opened. 

As Amended by Chapter 93, Laics of 1885. 

Section 4;)G. The said board shall have power to purchase 
a record book and such other books, blanks and stationery 
as may be necessary to keep a record of the proceedings of 
the district meetings, and the account of the treasurer, and 
for doing the business of the district in an orderly manner, 
and such maps, charts, globes and school apparatus as have 
been or may be approved as suitable for use of the schools, 
by the state superintendent or by the county superintend- 
ent of the county, not exceeding seventy-five dollars in 
value in au}^ one year, and such scliool books as in their 
judgment may be^ necessary for the use of any children at- 
tending in their district, whose parents and guardians may 
not be able to furnish the same. All such purchases shall 
be unanimously approved at a regular meeting of said 
board, at which all the members thereof shall be present. 
The district board shall keep an accurate account of all ex- 
penses incurred by them under the provisions of this sec- 
tion, and present an itemized statement of the purchases to 
the annual school-district meeting. 

This section embraces portions of sections 48, 49 and 51 
of the former school codes. It authorizes the board to pur- 
chase such books, blanks and stationery as may be needed, 
and to purchase apparatus to an amount not exceeding $75 
in value in one year; also school books for the children of 
indigent parents. All these purchases must be approved by 
all the board, at a meeting at which all are present. If 
these conditions are not observed, accounts for expenses 
incurred may not be allowed by the district, and the mem- 
bers of the board purchasing illegally may become person- 
ally liable for purchases made. 



63 

If the board is authorized to purchase books for the whole- 
district, as provided in section 430, subdivision 13, no sepa- 
rate purchase for indigent children will be needed. 

The apparatus most likely to be useful in the public 
schools is: 

1. Reading charts, phonetic charts, reading frames or 
cases, writing spellers. 

2. Writing charts, drawing charts, drawing books. 

3. Numeral frames, arithmetical charts, arithmetical 
frames, cube root blocks, geometrical forms. 

4. Outline maps, especially a map of Wisconsin, a map 
of the United States, and a map of the world; also globes 
and map drawing scales. 

5. Charts illustrating natural history, physiology and nat- 
ural science, including color charts. 

6. Blackboards, clock, call bell, thermometer, microscope, 
magnet. 

In purchasing, schools boards would do well to deal di- 
rectly with the houses which make a business of furnishing 
school apparatus. To this end correspondence may be 
opened with them and circulars and price lists obtained. It 
is suggested that school boards first select and recommend 
the purchase of the simpler and more necessary apparatus 
of which the district may be destitute. 

When anything is purchased, measures should be taken 
at once for its preservation, and to this end a case or closet 
with shelves is needed, which should be under lock and key. 
It will be useful to take the advice of the county superin- 
tendent, and of experienced teachers in making a choice of 
articles. The county superintendents are authorized by 
law to approve of such apparatus as in their judgment is 
best suited to the schools. 

The caution against purchasing, unless a meeting of the 
board is duly called and held, and the board has authorized 
a purchase, by the unanimous vote of all merubers, is re- 
peated. 

Chapter 272, Laws of 1889. 

Section 1. The school board of any city or district is 
hereby authorized to purchase at public expense, one or 



luon* ll;ii;s of {.\\o Ihiltod Stjii(\^. iiiid pl;u-(> lli(> s;im(> in the 
school i-oom or fooms, iiiuKm- Mump chnr.i'c*; also to purchaser 
such mH'(>ssnr>' npiiiiralus ;is may bo lUH'ossiiry for propcM'ly 
pr(\sorvin.i>' such llaij;- or llai^s; providoil, hovvovor. tliat not 
more tha,M ono lla,^- a.iul aip[)iirliOiuiiuHvs shall bo ixiivluised 
for each dt»[)iirljiH(Mit. 

As .\iiiciul,il (>!/ (VurpliT I'JI, Ldirsof \HSh. 

Skction 437. If any dislrici, shall not, at its annual 
nuH^tin^-, or at a, sul)siH]U(Mit sixH'ia.l nu>otin^i>-, prior to tho 
Ihird Monday of Ni)vonil;or roIloNvin.<>\ voto a, tax sullicicMvt 
to maintain n school in said district for tho torui of six 
months durin,i>- (lu> (Misuiui;- y(>a,r, tho district board sliall 
then, on or bcfon^ tlu> \V(Mincsda,y next followinj;- said third 
Monday of Nov(>nib(M-. (>stima,to and dotorniino tho sum 
n(>C(^ssary to ho I'aiscd to maintain such school, and th(> dis- 
trict clerk shall forthwith certify to the town clerk the 
amount so tixed, who shall assess the same as otluM- clis- 
tTit't taxt^s art^ a,ss(>ss(Hl, a.nd all schotd niom\v reiH>ived 
Tromtlu^ school fund income shall ho ai)plied exclusivtdy to 
the payment of t(\icluM-s' wai^ws. 

This section was a. part of section ll» (subdivision (>) of 
the former codes, b(>l'or(' the revision of the sta,tutes. 

Wliile the law has rcstraintnl districts on the ono hand, 
from voting" excessivi> ta\t>s, it has also provided a security 
a}>ainst the parsimony or ne.iiliL;(Mict> that would sometimes 
fail \o op(>n schools at all, or that would open them for an 
insutlicient ^ioriod. Six nuMiths' sclux^l in each year is the 
smallest anu>unt that entitles a dislrict io share in the in- 
come of the school fund. Not to provide for at least this 
amount is a -vvrono- to the children deprived, and an in- 
jury to the pul)lic ,i;\HHi. The district boanl are therefore 
charged with the duty of nuiking this provision, if it is not 
done by the district. The n(\i.vlect to do this is punishable 
by tine, ov the members of the board mav be removed from 
ofliceiMi complaint of such negi(>el (S(>et.ion 507). 

Section 4;5S. The district board shall contract with and 
hire duly qualitied teachers in tlu^ name of the district, and 
tho contract, made shall specify ihe wages per week, month, 
or year, to be paid, and when compK^ted. shall be tiled in 
the otlice of the district clerk, with a cH\p>' of the certificate 
of the teacher so tMuployed attaclnMl thereto, and a. ';opv of 
Si\ich contrat't shall be furnished by the clerk to the teacher. 
No contract with any person not holding a. tlipU>ma or I'cr- 
titicate then authorizing him to teach shall be valid; and 






all such contracts shall terminate if the authority given to 
teach shall expire by limitation and shall not be renewed, 
or if it shall be revoked. * 

The duty here devolved upon the district board, like any 
other act performed by them, must be preceded by a regu- 
lar meeting, as provided for in section 432. The comments 
upon that section are referred to in this connection. 

Two of the board may be in favor of hiring a certain 
teacher, and may think that because they are a majority, 
there is no need of a meeting to consider the subject. But 
each member of the board has an equal right to be heard. 
Two of the board have no right to assume that the other 
member may not be able to give good reasons for hiring 
some other person than their candidate. Common courtesy 
, ^ as well as the law requires a meeting for deliberation. 
-O w In negotiating for a teacher, the board should first of all 
-^"1 ascertain that the person is legally ''qualified." The only 
^ \ sufficient evidence of this is an unexpired certificate from 
^ ^ the proper superintendent. If the county be divided into 
^ two superintendent districts, the certificate must be from 
J S the superintendent of that division of the county in which 
^ '^ the school is to be taught. If not, it is invalid. In case of 
. ^ a joint district, not wholly within the jurisdiction of one su- 
• \ ^ perintendent, the certificate should be from the superin- 
tendent within whose jurisdiction the school-house is situ- 
ated. A certificate has no validity or force beyond the 
county or jurisdiction within which it is given, although 
"indorsed" by some other superintendent. If the legisla- 
ture had intended that the certificate of one superintendent 
might be adopted (by indorsement) by another, it would 
^? have so provided. 
A cv An understanding may be had with a teacher who is 
f ^- awaiting examination, but a contract with a person who 
• ^ holds no certificate is not only void, but a fraud upon the 
^'V district. If a teacher's certificate will expire during the 
^ ^ term of school, care must be taken that it be renewed in 
• ■< season. It is better that the certificate be renewed before 

"^ the school begins. 

*See Form No. 21. 



66 

The contract is of no force unless signed by at least two 
members of the board. It is better that it be signed by all, 
as harmony of action in this matter is very important to the 
prosperity of the school and the welfare of the district. 

There is no authority for making a contract whereby the 
teacher engages to board with the parents of the children. 
It cannot be enforced on the inhabitants. The best arrange- 
ment is to give the teacher a specific sum, and let him board 
himself. 

The amount of the compensation to be paid to teachers 
is within the discretion of the board. The inhabitants have 
no legal power to control district officers in this respect, nor 
in the selection of individuals to be employed, though the 
board would act unwisely in disregardiiig the preferences 
and wishes of the people, when reasonable and just. 

There is little probability that school officers will make 
the compensation too high. The wages of good teachers 
are generally quite inadequate. To employ a poor teacher 
at any price is wretched economy. 

A teacher, having been legally employed, cannot properly 
be dismissed without some violation of the contract on his 
part, during the time for which it was to continue, unless 
his certificate of qualification is annulled by competent 
authority. If the board discharge a teacher on the ground 
that he has failed to fulfill his contract, of course it takes 
the risk of being able to prove such failure, in case the 
teacher claims damages, or demands his wages for the 
whole time for which he was engaged. 

The employment of any member of the district board to 
teach the school is not strictly forbidden by statute; never- 
theless, it must be considered illegal, because against public^ 
policy; and a contract by a majority of the board with one 
of their own number, could not be enforced (Pickett vs. Dis- 
trict No. 1, 35 Wisconsin, 551). 

But even if such a contract were legal, the fact that the 
teacher is one of the board naturally excites a suspicion that 
he may have been able to make a contract more advantage- 
ous to himself, and less so to the district, than if some other 
person liad been employed. Those who hold public trust 



67 

should carefully avoid putting themselves into situations 
where their pri vate interests may conflict with an impartial 
discharge of their public duties. If for any reason it is 
deemed desirable that a member of the board should teach 
the school, let him resign, obtain his certificate, and enter 
into contract with the full board. 

Similar remarks apply to the practice of employing as a 
teacher any near relative of a member of the district board. 
If the other members of the board and the people of the 
district desire it, it may be proper; but in many and perhaps 
in most instances, it breeds dissatisfaction, and often creates 
serious trouble. 

As districts annually vote taxes, elect at least one new 
member of the board, and determine, if they choose, upon 
the sex of the teachers that shall be employed, contracts 
with teachers to extend beyond the close of the school year 
are not binding upon the district or upon the incoming 
board (16 Wis. , 33). But if such contract be allowed to stand, 
the district will be liable for services rendered under it. 

The teacher should see that the board have acted legally 
before making any arrangement with them. To this end, 
he should know what is legal action on their part. It is 
quite proper for the county superintendent, at all examina- 
tions, to explain the law clearly as to contracts, especially 
to young and inexperienced teachers. 

The only safe course for a teacher to pursue, is first to 
secure a certificate. This done, to obtain a legal contract 
in writing, and not rest satisfied with a verbal promise of 
the school, from some member of the board. This promise 
may not be kept, and may be incapable of proof. 

The law will protect qualified teachers, who contract in 
good faith and are allowed to go on and fulfill the contract, 
although the board has not acted legally, or although the 
persons signing the contract, or some of them were not 
authorized to do so. It was held by the supreme court of New 
York (15 Barb., 323), "that where a person is employed for 
a corporation by one assuming to act in its behalf, and ren- 
ders services according to the agreement, with the knowl- 



68 

edge of its officers, and without objection on their part, or 
notice that the contract is not recognized, such corporation 
will be held to have sanctioned the contract, and will be 
compelled to pay for the services according to the agree- 
ment; * * but when the contract is still executory and 
nothing has been done under it, and the action is to recover 
damages merely for non-performance, it is for the plaintiff 
to show a legal contract binding upon the corporation. " 

Section 439. The board shall have power to make all 
needful rules for the government of the schools established 
in the district, such rules to take effect when a copy of the 
same, signed by a majority of the board, shall be filed with 
the clerk; to suspend any pupil from the privileges of the 
school for non-compliance with the rules established by 
them, or by the teachers with their consent: to expel from 
school any pupil who shall persistently refuse or neglect to 
obey the rules above mentioned, whenever, upon due ex- 
amination, they shall become satisfied that the interests of 
the school shall demand such expulsion; and to admit any 
person between twenty and thirty years of age, residing 
in the district, to any public school under their control, free 
of tuition, when, in their judgment, it will not interfere 
with the pupils of school age therein. 

The rules and regulations adopted by the district board 
should be recorded in their minutes, and a copy thereof 
should be posted in the school room. The rules should be 
such as the good of the school seems to require. They 
should be comprehensible and reasonable. They should be 
so framed as to aid the teacher rather than to supplant him. 

The district board have full authority to organize, regu- 
late, grade and classify the school, but in all matters of this 
kind they will act under the advice, and, so far as practica- 
ble, with the consent of the teacher. The teacher, in the 
school room, is the executive officer of the board. He must 
govern the school under the law, and according to such 
rules as are made in accordance therewith. The rules and 
regulations made by the board must guide him until they 
are set aside by competent authority. 

The board have authority to suspend any pupil from the 
privileges of the school for non-compliance with the rules 
established by them, or by the teacher, with their consent. 
The right to attend a common school is a common, not an 



69 

exclusive or personal right. The supreme court of Massa- 
chusetts (S Cush., Mass, R., 164) says, in reference to the 
right, " like other common rights (that of way, for instance), 
it must be exercised under such limitations and restric- 
tions that it shall not interfere with the equal and co-exten- 
sive rights of others. Take the case of a contagious disease, 
can it be doubted that the presence of a pupil could be law- 
fully prohibited, not for any fault, or crime, or wrong con- 
duct, but simply because his attempt to insist on his right 
to attend under such circumstances would be dangerous and 
noxious, and so an interruption to the equal and common 
rights ? " In the same case the court held that school officers 
have the right to exclude a child for open, gross immorality, 
manifested by licentious language, manners and habits, 
though not manifested by acts of licentiousness or immor- 
ality within the school; for says the court, "it is as neces- 
sary in the unreserved intercourse of pupils of the same 
school, as well without as within its percincts, to preserve 
the pure minded, ingenuous, and unsuspecting children of 
both sexes from the contaminating influences of those of 
depraved sentiments and vicious propensities and habits, as 
from those infected with contagious diseases." 

While there can be no doubt that the board have the power 
to exclude a child, not for punishment merely, but for the 
protection of others from vicious influences that, would de- 
feat the object for wh^ch the school is organized, yet we are 
not to forget that humanity dictates that we deal gently with 
erring children. Education seeks to deter from vice, and also 
to reclaim those who have become vicious through parental 
neglect or parental example. Remonstrance and persua- 
sion must be exhausted before suspension from school can be 
justified. Expulsion from school is justified only by such in- 
subordination on the part of the pupil as to render it impos- 
sible to maintain order and discipline without excluding him. 
The district board should, however, exercise this power only 
after earnest efforts to avoid a resort to it. Teachers are not 
without infirmities, and their calling sometimes aggravates 
them; and it is the duty of the board to know that there has 
been no oppressive exercise of power leading to the insubor- 
6— S. C. 



70 

dination which is made tlie occasion of a punishment so 
severe. Power must always be tempered with benignity, 
and justice must be administered in the spirit of mercy. 

In case the board neglects to make and establish rules, as 
provided for in this section, the teacher is not therefore in- 
hibited from managing and governing the school according 
to his best judgment, nor can any advantage be taken of 
the fact that his rules have not been consented to by the 
board. In case of serious insubordination he should call 
upon the board to sustain his authority; and when so called 
upon, the board should be careful not to weaken his au- 
thority by criticising his conduct before the school. (45 
Wis., 150.) 

The opinion which has obtained considerable currency in 
this state, that teachers are not allowed to punish pupils in 
school, is unfounded. The opinion in question arose from a 
misunderstanding of a decision by the supreme court (Mor- 
row vs. Wood, 35 Wis., 59). This decision was to the effect 
merely that where a parent directs a child not to take a 
certain study in school, the teacher cannot lawfully punish 
the child for not getting lessons in that study. It does not 
declare punishment in other cases to be unlawful. Never- 
theless, corporal punishment should be resorted to only in 
case of necessity, and should be moderate and judicious. 

The supreme court held, in the case of State vs. Burton, 
(45 Wis., 150), that " in a proper case, and when not deprived 
of the power by affirmative action of the board, the teacher 
has the inherent power to suspend a pupil from the priv- 
ileges of the school; though such suspension should ^be 
promptly reported to the board, with the reasons therefor." 
The power conferred upon the board to admit persons be- 
tween twenty and thirty years of age to the school, was first 
given by chapter 184, of the laws of 1877. Its design was 
to enable persons deficient in a knowledge of the English 
language to become more proficient therein. Where no rule 
concerning admission of this class of pupils has been pre- 
scribed at an annual meeting, and fio fee for tuition has 
been fixed by the district under the provisions of section 
430, this section authorizes the district board to admit them 



71 

free of tuition when in their judgment it will not interfere 
with the pupils of school age therein. 

As amended by Chapter 251, Laxos of 1883. 

Section 440. The district board shall determine what 
school and text-books shall be used in the several branches 
taught in the schools; they shall make a list of such books 
and file one copy with^the clerk, and keep one copy posted 
in the school-house. When any such text-books shall have 
been adopted, they shall not be changed for the term of 
three years, and no change of text-books shall be made by 
a school board, unless authorized by a majority vote of the 
legal voters of a district at a regular annual school meet- 
ing, and it is hereby made the duty of the district clerk to 
embody in his notice of such annual meeting the fact that 
the question of a change of text-books will be submitted to 

+Via moo+ino- ttection 1. Tiifit section 1, oi cJiapler 251, of the 

tXltJ lll«t;i)lllg. laws of 1883, be amended so thatit\nll read as 

Tf ia +V.O rIn+Tr /->f +V.O Kr^oT.rI +r> , ^'^^^9^'''f- '^'^^^ section 440, of Chapter 27, of the 

it IS tne aUty or tne DOara to ( revises statutes, be and the saine is hereby 

,1 • i 1 • i- -j^ ,1 amended so as to read as follows: Section 440. 

upon them m this section, it th The district board shall determine what school 

~ , , . , ,, and text books shall be used in the several 

budden, sweeping, and Uncalle bianches taught in the schools; ttey shall make 

a list of such books and file one copv with the 

made, but such as are necessa ^^^^' ^\^,^^^^ ^^^^ copy posted in the schooi- 

house. When any such text books shall have 
the best progress of the school J^een adopted, (^except in districts furnisW^^^ 

r is .. text books to all j>upils attending school therein) 

board should bold a Ipp-aI mppt ^liey shall not be changed ibr the term of three 
UUdlU bUUUlU UUIU a legai XUeeu yp^rs, and no change of text books shall be 

lution, what school and text-be ^S ^^^^ ^o^'^^^^^^a^^S^^- 
after duly recording the resol '^'^'^■^^\t^t^X'''t.^^.lJ^S^^^ 

ii T_ 1 XI 111 audit is hereby made the duty of the district 

the school room, they should S€ clerk to embody in his notice of such annual 
• , 1 1 1 1 -TTT1 -1 nieeting the fact that the question of a change 

introduced and used. While of text books win be submitted to the meeting 
,^ r> . . . • 1 p, 1 1 Sections That section 3, of said chapter 251, 

the nrst instance is left by la'V^ t.e amended so that it win read as follows: That 
, , -,■,.,■, 1 .. . •, ^"f^'fion 514, of said chapter 27, of the revised 

the district board, it is, nevertr sti^Jiitesbe, andthesame is hereby amended so 

as (.0 read as follows: Section 514. The several 
suit with the best teachers in r boards of education having the government in 

cities of the pubhc schools, shall- determine 

In selecting text-books, all J^^a* school and text books shall be used in the 

*= ' several branches ot study pursued in the schools, 

spr'tarian tpnrlpnr'v Qlinnlrl hp p i-nd shall make a list of such books, file a copy 

iseoiaiiaa leuuency SnOUia Oe e ^.ith their clerk or secretary and keep a copy 

Alter a series OI books, or an text books shall have been adopted, except in 

J i 1 1 J X J '^c*! city or cities as furnish to the pupils at- 

Card, etc. , has been adopted, nc tending the public schools therein free text 

, , 1 , •; , 1 /. , ^ooks, they shall not be changed for a term of 

ject can be substituted for such! three years. Any board of education in any 

Elty v/here the district system is not in force, 
three years, but a new book on °?'*y' tmder the limitations of this act, order 

changes In text books asaforesaid; provided, ex- 
be added to the list at any tim ph«lfp«°in1? tl^^ ''°°^'' fi ''/"k''''"*^' that said 

•y crianges shall be approved by the common coun- 

■*-hat tViP li'cst «Vimilfl "Kp pliano-ar ^'i or board of aldermen of such city; and the 
oUat tne list SnOUia Oe CnangeC uforesaid boards of education are herebVauthor- 
-nrp<5<ilv nrnViihifcj r'Vinno-P.« i*n '^^'l '? Purchase text books for use in the public 
preSbiy proniOltS CnangeS m schools, and to loan or furnish them to pupils 
„ ■j„„j.„j i-i XI- 1 u under such conditions or regulations as they 

adopted, until they have bee may prescribe. But no text books shall be per- 
1 X XI 1 1 fnitted in any free public schools, which would 

Cnange cannot then be made, l^ave a tendency to inculcate sectarian ideas. 

. , X /• J 1 1 1 i Section 3. This act shall take effect from and 

"lOrity vote or the legal voters ■ a'ter its passage and publication. 
"^ "^ ® Approved April 17, 1891. 



72 

nual school meeting. Notice that the question of a change 
of text-books will be submitted to the meeting must be em- 
bodied in the notice of the annual meeting by the clerk. 
This provision affects only those districts which hold annual 
meetings, and elect district boards. Where schools are 
managed by boards of education proposed changes must be 
approved by the common council or board of aldermen. 
See section 514. 

For any violation of this provision, a fine of $50 may be 
imposed, as provided in section 503. 

Section 441. The district board shall visit the school 
under their care, examine into the condition thereof, and 
the progress of the pupils, advise and consult with the 
teachers in reference to the method of instruction, man- 
agement, and government, and exercise such general super- 
vision as is necessary to carry out the provisions of this, 
chapter. 

A careful performance of the duty imposed by this sec- 
tion would increase the efficiency of our schools. The mem- 
bers of the district board should visit the school frequently. 
These visits should be informal, and should be marked by 
courtesy towards the teacher, and kindness towards the 
pupils; but classes should be examined, and the manage- 
ment of the school should be carefully observed. An arrange- 
ment that will enable the members of the board to visit the 
school in fUrn, and that will secure a report in writing from 
each person visiting it, is very desirable. 

The board should also invite competent and prudent per- 
sons to examine the school, and to report to them in writing 
the result of such examination. No business can be suc- 
cessfully conducted without faithful and intelligent super- 
vision. This obvious rule is especially applicable to educa- 
tional affairs. 

COMPULSORY EDUCATION. 

As the law upon this subject, passed at the session of 1889,. 
devolves certain duties upon the school board, it is inserted 
in this place, with such comments as are needed. Although 
there may be some question whether this 'act entirely re- 
peals chapter 121, laws of 1879, it is generally understood 
that such is the effect of the enactment of this law. 



73 



Chapter 519, Laws of 1889. 



I Section 1. Every pareat or other peruun hav- 
ing under his control any child between the 
ages of seven and thirteen years, shall cause 
such child to attend, for at least twelve weeks in 
each and every school year, some public or pri- 
vate school; provided, however, that this act 
sball not apply to any child that has been or la 
being otherwise instructed for a like period oi 
time in the elementary branches of learning, or 
that has already acquired such knowledge, or 
whose mental or physical condition is siicli as to 
render his or her attendance at school and ap- 
plication to study inxepedient or impracticable, 
or who lives more than two miles Jrom any 
school by the nearsst travelled road, or who is ex- 
cused for sufficient reasons by any court of record. 
Every person who shall violate the provisions 
of this section, shall upon conviction thereof, be 
lined in any sum not less than three dollars nor 
more than twenty dollars for each and every 
ofrense. 

Section 2. It shall be the duty of the director 
of any school district, or the president of any 
board of education of any incorporated village 
or city, or any truunt officers appointed by such 
board of education to prosecute any ollense oc- 
curring under this act, and such person neglect- 
ing to prosecute for such fine within fifteen days 
after a written notice has been served upon him, 
by any qualilied elector or taxpayer within the 
district, village or city M'ithin which the offend- 
ing party shall resided shall be liable to a fine of 
not less than ten nor more than twenty dollars 
for each and every offense. 

Section 3. The board of education of every 
city and incorporated village, and the district 
school board in every scnool district, may ap- 
point one or more persons, who shall be desig- 
nated as truant officers, whose duty it shall be, 
acting discreetly, to apprehend upon view, ell 
children between seven and thirteen years of 
age, who habitually frequent or loiter about 
public places and- have no law/ul occupation, 
and place such children, when so apprehended 
in such schools as the parent or other person 
having the control of such children may desig- 
nate. And such officers shall report all cases of 
truancy to their respective boards of education, 
within a reasonable time. The persons ap- 
pointed such truant officers shall be'entitled to 
such compensation as shall be fixed by the 
■ boards appointing them and such compensation 
may be paid out of the school fund. 

Section 4. Tlie fines provided for by this act 
shall, when collected, be paid over by the offi- 
cers collecting the same to the proper school 
treasury of the city, village or school district iu 
which such person convicted resides, to be ap- 
plied and accounted for by such treasurers in 
the same way as other moneys raised for school 
purposes, and shall be placed by such treas- 
urers to the credit of any city or district in 
which such person resided at the time of con- 
viction. 

Sections. It shall be the duty of all officers 
empowered to take the annual school censtis to 
ascertain the number of children between the 
ages of seven and ihirteen yea';s in their respec- 
tive district, the number of thildren between 
such ages who do not attend school, and in so 
I far as possible, the cause or causes of such 
failure to attend school. 

Section 6. All acts or portions of acts incon- 
sistent with this act arc hereby repealed. 

Section 7. This act shall take effect and be 
I in force from and after its passage and publi- 
cation. 

pear to the satisfaction ot tJie 



'^T. ^+1^-- - 1 • 

Section 1. No child under fourteen years or 
age shall be employed at labor or service in any 
mine, factory, workshop or place of public en- 
tertainment or amusement, In this state, except ; 
upon permit as hereinafter provided; but nothing | 
herein shall interfere with or prohibit the em- i 
ployment of such child in the service of its par- i 
ent outside of school hours. j 

Section 2. The county judge of the county j 
wherein any child resides may, by order of i 
".record, grant a permit and deliver a copy ; 
rthereof under seal, to any child over 
■i twelve years of age exempting such child from 1 
the operation of this act as to employ- j 
IJ ment. Every such permit shall specify the • 
; conditions and the time during which such | 
K child may be employed, fixing such liml- i 
n tations as to said judge shall seem | 
T proper; and in determining whether such permit 
1 shall be granted, the said county juage shall 
, consider the moral and physical condition of the 
i child, his state of education, the necessities of the 
»j family to which such child belongs, and such 
I other circumstances as in the discretion of the 
-€ judge ought to affect the question of exemption. 
f No charge or fee shall be required in any matter 

■ under this section; provided, that where such 
1 child resides at a distance of more than ten 

r miles from the county seat, the power to grant 
' *" permits herein conferred upon, the county judge 
a I may, under the same limitations and with the 
same conditions be exercised by the mayor of the 
?< city or the president of the incorporated village 
,+ In which or nearest to which said child or its 
' j parent resides. 
1 Section 3. Any person, company, firm or cor- 

■ poratlon that employs or permits to be employed 
at work auy child in violation of the foregoing 

-)' provisions of this act, and any parent or other 
person having the control of any such child who 
permits such employment, shall, on conviction, 
,• be punished by a fine of not less than ten nor 
■'■ more than fifty dollars. Nothing herein shall be 
1 construed to Interfere with the district attorney 

of anv county presenting violations of this act. 
C Section 4. It shall be the duty of the commis- 
V- sioner of the bureau of labor, census, and iudus- 
trial statistics, the factory inspector and the 
3j deputy or deputies of saiS bureau to enforce the 
J provisions of this act and to nrosecute all viola- 
H tious thereof before any magistrate or any court 

d of competent jurisdiction. 

o «^ — j:-^^^j^^,^^^vj.\^fAiK/i.\^ f diiu. 

ball be so excused the penalty 
icurred. 

nng control of a child who, 
sions of this act, shall make 
3rning the age of such child, 
snded school, shall, for such 
!ss than three dollars ($3) nor 
!0), for the use of the public 
listrict. 

:o the beginning of any prose- 
board shall cause a written 
upon such person having con- 
duty under this act, and of 
y with the provisions hereof, 
such prosecution, it shall ap- 
court that before or after the 



74 

receipt of such notice such person has caused such child to 
attend a school as provided in this act in good faith and 
with intent to continue such attendance, then the penalty- 
provided by this act shall not be incurred. 

Section 5. No school shall be regarded as a school under 
this act unless there shall be taught therein, as part of the 
elementary education of children, reading, writing, arith- 
metic and United States history in the English language. 

Section 0, Prosecutions under this act shall only be in- 
stituted and carried on by the authority of such boards, and 
shall be brought in the name of said boards, and all fines 
and penalties, when collected, shall be paid to the school 
treasurer of such city, town or district, or other officer en- 
titled to receive school moneys, the same to be held and 
accounted for as other school moneys received for school 
purposes. 

Section 7. Jurisdiction to enforce the penalties herein 
described in this act is hereby conferred on justices of the 
peace and police magistrates within their respective coun- 
ties. 

Section 8. Any child between the age of nine and four- 
teen years, who without leave and against the will of his 
parent, guardian or other person having the right to control 
such child, habitually absents himself from the school to 
which he is sent, or directed to be sent, and is beyond the 
control of his parent or guardian or other person having 
the right to control such child in that regard, and wanders 
or loiters in streets, alleys, or other public places, shall be 
deemed a truant child, and on such truancy being alleged 
and proved, such truant child shall be adjudged a dependent 
child in like manner as is now provided by law for the 
adjudication of dependent children, and on being so ad- 
judged dependent may be committed in like manner for 
such time, not exceeding two years, as the judge or court 
having the jurisdiction of the matter may determine. Any 
child so committed may upon proof of amendment or for 
other sufficient cause shown upon a hearing of the case, be 
discharged by such judge or court at any time, but such 
child shall not be so confined after the age of fourteen years, 
nor shall he be bound or apprenticed nor placed out of any 
school to which he shall be committed. Officers appointed 
by the board of education or board of school directors shall 
have power and authority to take a truant child found on 
the streets, alleys, or other public places during school hours 
to such school conveniently located to the home of such 
child as may be designated and requested by such parent, 
guardian or other person having the right to control such 
Ci.' I, and such officer shall ascertain from such parent, 
gi irdian or other person having the right to control such 
child, the school which he desires such cliild shall attend; 
or in case of refusal to designate and request by the parent, 



75 

guardian or other person having the right to control such 
child, or in case such child has no parent, guardian or other 
person in control, then to the public school situated in the 
district where such child lives, or to such public school as 
such board may direct. 

Section 9. No child under thirteen years of age shall be 
employed or allowed to work by any person, company, firm 
or corporation at labor or service in any shop, factory, mine, 
store, place of manufacture, business or amusement, except 
as hereinafter provided. 

Section 10. The judge of the county court in the county 
where the child resides and is to be employed or to work, 
may, by order of record, grant a permit to any child over 
ten years to be exempt and in such county from the opera- 
tion of this act as to such employment, and to such extent, 
and for such time and on such terms as may be named in 
such permit, on its being shown to his satisfaction that 
such child can read and write the English language, and 
that it is fit and proper, considering the lack of means of 
support of the family of which such child is a member, that 
such permit should be granted, and such permit may be re- 
scinded by any such judge on written notice to such child 
or to any person having control of or employing such child. 
Such permit must state the age, place of residence, and the 
amount of school attendance prior to the granting of such 
permit. A record of such permit to be kept in such court. 
The court may, when the business of the court requires, ap- 
point a suitable person to hear and report on all applica- 
tions for the issuance and rescission of permits, and may, on 
hearing such reports, grant or refuse such application. 
Such person to be paid a reasonable compensation by the 
county, to be fixed by the county board. Such person shall 
be an officer of the court and removable by an order of the 
court at any time. ISTo charge or fee shall be required in 
any matter under this section. 

Section 11. No child shall be so employed or work who 
does not present such permit, and every person before em- 
plo3^ing or permitting such child to so labor or be at service, 
shall require and retain such permit, and shall keep the 
same, together with a correct' list of all children so em- 
ployed, posted in a conspicuous manner in the place of em- 
ployment, and shall show such list on demand, to any 
school officer or teacher or police officer. 

Section 12. Any person, company or corporation who 
employs or permits to be employed or to work any child in 
violation of this act, and any person having the control of 
any such child who permits such employment or work, shall 
for every offense forfeit a sum of not less than ten doUc'. 
(810), nor more than fifty dollars ($50), for the use of th ^ 
public schools of such city, town or district, and every day 
of such illegal employment shall constitute a di.?tinct 
offense. 



76 

Section 13. Any person having control of or in his em- 
ploy a cliild who. with the intent to evade the provisions of 
this act, shall make a false statement concerning the age 
of such child or the time such child has attended school, or 
shall instruct such child to make any false statement, shall, 
for such offense forfeit a sum of not less than ten dollars 
($10), nor more than fifty dollars ($50), for the use of the 
public schools of such city, town or district. 

The above is a very important law, and demands the care- 
ful consideration of every parent or guardian of minor 
children of the age Avhen they are required to attend school 
for a certain period annually. It also requires attention on 
the part of those who employ minor children of the age 
mentioned in anj^ capacitj'^ whatsoever. 

The first duty imposed upon school boards by this law, is 
that of determining, by formal action at a regularly con- 
vened meeting of the board, by the adoption of a rule or 
resolution, the number of weeks which every child between 
the ages of seven and fourteen years shall attend some 
public or private school during the current school year. 

This period can not be fixed at less than twelve, nor more 
than twenty-four weeks, in one year. For a portion or for 
portions of the time thus fixed the attendance must be con- 
secutive, and boards are to designate in the resolution or 
rule adopted the time or times of such consecutive attend- 
ance. Ten days prior to the commencement of this time or 
these times of consecutive attendance, the board is required 
to give public notice of the time thus fixed by publishing 
the fact in such manner as they may prescribe. For in- 
stance, if a board should determine that all persons between 
the ages of seven and fourteen years residing in the dis- 
trict, town, village or city, as the case may be, must attend 
school for a period of sixteen weeks, during the year, they 
may fix the times of consecutive attendance at eight weeks 
between November 1 and January 1, January 1 and March 
1, or April 1 and June 1, or any time of like character dur- 
ing which the public school is to be in session, leaving the 
parents or guardian to elect the periods of attendance for 
their children or wards, from those prescribed. 

The provision that the compulsory period and the number 



77 

of weeks of consecutive attendance shall be fixed prior to 
the first day of September in each year, is directory only. 
Where the board has neglected to fix this number of weeks, 
as the law directs, that may still be done, provided the pub- 
lic school will be in session a sufficient number of weeks 
before the close of the school year to render such action by 
the board practicable. It is hoped that no board will neg- 
lect or refuse compliance with the law in this respect. 

The second duty imposed upon school boards by this act, 
is that of carefully considering the excuses, on the part of 
parents and guardians, for real or apparent non-compliance 
with the law. The law does not presume that every parent 
or guardian can or will avail himself of the public school 
as a means of education for his children or wards, and it 
therefore wisely and judiciously recognizes the right of 
choice in means, and the rigorous exactions of necessity, 
growing out of conditions either of parent and guardian, or 
of the child of the prescribed age. The excuses for non- 
oompliance which must be accepted by the board are four 
in number, and briefiy stated are as follows : 

(a) Pecuniary or physical inability of parent or guar- 
dian. 

(b) Equivalent instruction, otherwise given, in time and 
in kind. 

(c) Proficiency of the child in elementary branches. 

(d) Physical or mental disability of the child. 

It will be observed that two of these reasons justifying 
non-compliance with the law relate to the parent or guar- 
dian, and two relate to the pupil. Of the latter couplet 
little or nothing need be said. If the facts exist, it will be 
a simple and easy matter to satisfy any reasonable board, 
that a child has a physical or mental defect which inhibits 
attendance upon any school, or that ill health equally calls 
for exemption from attendance. 

With persons having no desire to evade the law, or to 
avoid the natural obligations and responsibilities imposed 
by parental relations, or those arising from the relations of 
a self-imposed trust or legal guardianship, there will also 
be no difficulty in presenting satisfactory evidence to the 



78 

board, that the pecuniary situation, or distance from 
the school, or claims of the family upon the services 
of the child, form a valid excuse for non-attendance, or 
that the alleged recusant is availing himself or herself of 
the option which the law proffers, and is providing through 
some other public or private school, or other means, equiv- 
alent instruction, both in amount and in kind. In extent, 
the instruction must not be less than that prescribed by the 
rule adopted by the board. In subjects, the instruction 
must include reading, writing, arithmetic and United States 
history, in the English language, as provided in the fifth 
section of the act. No school, public or private, and no in- 
struction in the family or by private, tutors should be recog- 
nized as sufficient which does not include instruction in 
these subjects in this form. School, or family, or other 
forms of instruction claimed as equivalent, may include 
any other branches of knowledge, and this will be no objec- 
tion if the enumerated studies, in English, are not omitted. 

Incidentally, it may be said, that the provisions of this 
law prescribing a standard by which to measure a school, 
in its claim to be a public school, is an admirable feature 
which should strongly commend it to every school board. 
At last we have given to us, in statutory form, a statement 
of the very least which a school may do, and claim to be a 
public school, suitably and adequately providing for the 
education of children, and entitled to the advantages of 
state aid, arising from that claim. 

Other provisions of the law relate to the employment of 
children under thirteen years of age, without permission of 
a court, to the manner of dealing with truancy, and the 
commitment of habitual truants as dependent children. 
These features, however, do not appear to require comment. 

It is to be hoped that there will be little need of the en- 
forcement of the law; that all persons having charge of 
children will cheerfully comply with its provisions, without 
coercion. The knowledge that such a law exists, will act 
as a stimulus to such parents or others as are*negligent to do 
their duty in the matter. 



79 



DIRECTOR. 



Section 44:3. It shall be the duty of the director of each 
district: 

1. To countersign all orders legally drawn by the clerk 
upon the treasurer of the district. 

2. To appear for and on behalf of the district in all 
actions brought by and against it, when no other direction 
shall have been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of 
the district, on the treasurer's bond in case of any breach 
of any condition thereof, and to applj'^ all money when col- 
lected to the use of the district as the same should have 
been applied by the treasurer. 

The director is required to countersign orders legally 
drawn, and it is his duty to know that an order presented 
to him for his signature is drawn in accordance with law, 
before he affixes his name thereto. The object of this pro- 
vision of the law is to protect the interests of the district. 

By the provisions of subdivision 15, of section 430, the dis- 
trict has power, at any meeting duly called, to give such 
direction and make such provision, as may be deemed 
necessary in relation to the prosecution or defense of any 
action or proceeding in which the district may be a party 
or interested; and unless some other person is designated to 
perform the duty, the director is required to bring suit and 
carry out the will of the meeting. The director has no 
power under the statutes to bring suit, upon his own motion, 
in behalf of the district, except in case of breach of the con- 
dition of the treasurer's bond. In this case it is his duty to 
commence proceedings to protect the interest of the district 
at once, without waiting for the action of a district meet- 
ing. 

If an action is commenced against the district, the director 
must appear in behalf of the district, without waiting for 
authority from a district meeting. The district may, how- 
ever, designate some other person to act as their repre- 
sentative in the defense, if they think it expedient. 



80 




TREASUEER. 

As amended by Chapter 117, Laws of 1879, and Chapter 254, Laws of 1889. 

Section 443. The treasurer of each district shall, within 
ten days after his election or appointment, execute to the 
district, and file with the clerk a bond with sufficient sure- 
ties, in double the amount, as nearly as can be ascertained, 
of all the money to come into his hands as treasurer of the 
district, conditioned for the faithful discharge of the duty 
of his office, and approved by the director and clerk. Such 
treasurer shall hold his office until his successor shall be 
elected or appointed, and his bond shall be executed, filed 
and approved as provided by law. Whenever the director 
and clerk shall deem the bond of any treasurer insufficient, 
they shall demand an additional bond with the like condi- 
tion, in such sum as they shall fix, which shall thereupon 
be executed, approved and filed in the manner aforesaid, 
within ten days after such demand. The neglect or refusal 
to file such bond in either case shall vacate the office; pro- 
vided, that no person employed as school director, clerk or 
teacher, shall hold the office of school treasurer in the same 
district. * 

By the amendment of this section made in 188C, school- 
district treasurers hold the office until successors are elected 
or appointed, and qualified by filing the required bond. 

A neglect to file the bond completed and approved, within 
ten days, as the law directs, vacates the office. Filing it 
with the approval of one member of the board only, or after 
the time expires, is of no effect. It is obviously improper 
for either the director or the clerk to become surety for the 
treasurer. 

The power granted the clerk and director by this section 
to require an additional bond, when deemed necessary, 
should be exercised whenever the interests of the district 
demand it. No good citizen will regard the exercise of this 
power as an imputation upon his character. Whenever the 
security on the bond is not such as the law requires, it is 
obviously the duty of the treasurer to furnish additional 
security, and it must be done promptly, within ten days, 
just as in the original filing of the bond. 

When the office is vacated from either of the causes 



*Se€ Forms Nos. 22 and 23. 



81 

named, the board will appoint a treasurer, who will be sub- 
ject to the same conditions, and possess the same powers as 
if elected to the office. 

The provision at the end of the section is an amendment 
made by the legislature of 1879. It would more appropriately 
have been added to section 431. It is referred to, and com- 
mented upon, in connection with that section. 

Section 444. The treasurer of each school-district shall 
apply for and receive from the town treasurer all school 
money apportioned to the district or collected for the same 
by said town treasurer, and pay all money received by him 
on the order of the clerk, countersigned by the director, and 
not otherwise. He shall keep a book in which he shall enter 
all the money received and disbursed by him, specifying 
particularly the sources from which the same has been re- 
ceived, the persons to whom, and the object for which the 
same has been paid, and shall afford the clerk access thereto, 
when desired, to enable him to make his annual school re- 
port. He shall present to each annual meeting, a report 
in writing, containing a statement of all moneys received 
by him during the preceding year, and of each item of dis- 
bursement made by him, and exhibit the voucher therefor. 
At the close of his term of office, he shall settle with the 
district board, and deliver to his successor said book and all 
vouchers, orders, and papers coming into his hands as treas- 
urer, together with all money remaining in his hands as 
such treasurer. 

The district treasurer can ascertain the amount of money 
to which his district is entitled, by examining the certificate 
of apportionment on file in the town treasurer's office, 
which that officer receives from the town clerk. The dis- 
trict treasurer should pay all legal orders in the order of 
presentation, when no special direction appears upon the 
order to the contrary. 

The law now requires the treasurer to give the clerk ac- 
cess to his books, in making his report. 

It is a duty which the treasurer owes to himself, as well 
as to his district, to keep an accurate record of his accounts, 
so as to be able to present a clear and satisfactory statement 
of the transactions of the year. The account required to be 
kept by him, may be a simple cash account, in which the 
treasurer personally, and in his individual name is charged 
with all school moneys received by him, and credited with 



82 

each payment, specifying the date, the person to whom and 
the account on which it was made. It is convenient and 
will conduce to accuracy to number each credit consecu- 
tively, and to affix the same number to the order to be pro- 
duced in proof of payment, and in support of such payment. 
This account should be kept in a book well bound, and a 
transcript of such account should be made, and with the 
proper vouchers, presented to the annual meeting. This 
transcript should be examined by a committee appointed 
by the meeting, and should be endorsed by said committee 
as having been examined and found correct, if the com- 
mittee find it regular in all respects. When at the close of 
his term of office he settles with the district board, as re- 
quired by law, the board should enter, upon the original 
account in the blank-book, their certificate that they have 
examined such account up to and including the last preced- 
ing entry (giving its date), and the vouchers therefor, and 
that they find the same correct. 

It is deemed proper to refer here to the present law in re- 
gard to embezzlement. Refusal of an officer or other per- 
son, made the custodian of money, to pay over the same on 
lawful demand, is declared to be embezzlement, and is pun- 
ishable by imprisonment or fine. And if any person so de- 
manding money and refused the same neglects to make 
complaint against such officer, he is also punishable by im- 
prisonment or fine. Sections 4418-4421 of the revised stat- 
utes relate to this matter. It will be seen by section 963, 
that whenever any judgment has been rendered against 
the treasurer for any breach of the conditions of his bond 
the governor may declare the office vacant. The vacancy 
will be filled as other vacancies in the district board are 
filled. 

It is also deemed proper to refer here to the provisions of 
law relating to proceedings to compel the delivery of books 
and papers of public ofiicers to their successors, contained- 
in chapter XLIII, revised statutes, and embracing sections 
977-983 inclusive. Severe penalties and summary proceed- 
ings are therein provided for failure to thus deliver books 



83 

and papers to successors. See these sections under title of 
Penalties and Miscellaneous Laws, at the end of the code. 

Section 445. The treasurer of any school-district shall 
prosecute the town treasurer of the town in which such dis- 
trict or any part thereof is situated, for the recovery of any 
money belonging to such district, in all cases when such 
town treasurer shall refuse or neglect, for the space of ten 
days from the time fixed by law therefor, to pay the same 
to the proper officer of such district. 

The treasurer should bring the action before a justice of the 
peace, if the amount withheld does not exceed $200; other- 
wise, in the circuit court. 

CLERK. 

Section 446. It shall be the duty of each school-district 
clerk: 

1. To report the name and post-office address of each 
officer of his district to the town clerk, or if a joint district, 
the town clerk of each town in which his district or any 
part thereof is situated, within ten days after the election or 
appointment of such officer. 

2. To act as clerk when present, and record the proceed- 
ings of each district, and minutes of all meetings, orders, 
resolutions, and other proceedings of the district board, in 
the record book provided by the board, and to enter therein 
copies of all reports made by him to the town clerk. 

3. To make in such book, or in some other suitable one, 
a record of all orders drawn upon the treasurer. 

4. To draw orders on the treasurer for money in his hands 
which has been apportioned to or raised by the district for 
that purpose, in payment, when due, of the wages of legally 
qualified teachers who have been employed by the board, 
and have taught the school of such district, and also to draw 
orders on the treasurer for money in his hands, to be dis- 
bursed for any other purpose, voted by a district meeting, 
according to the provisions of section four hundred and 
thirty, and each order shall designate the object for which 
and the fund upon which it is drawn, and shall be counter- 
signed by the director. No order shall be drawn, counter- 
signed or paid which is in favor of any person who has 
taught school in said district when not holding a certificate 
of qualification therefor, as provided by law, nor for the 
payment of which the money has not been appropriated 
according to law, and no order shall be drawn for any 
money received from the school fund income, for any other 
purpose than payment of teachers' wages. * 

*SeeFormNo. 24. 



84 

5. To f uriiisli a,t the expense of tlie district for the use of 
each teaclier, a school register in the form prescribed by the 
state superintendent, to procure the same to be returned to 
him at the expiration of the teacher s employment, and to 
preserve the same with the records and papers of the dis- 
trict. 

(5. To perform such other duties as are or shall be im- 
posed upon him b}^ law. 

The duties of the clerk are such that the prosperity and 
harmony of the school of his district depend greatly upon 
the manner in which he discharges them. 

The name and post-office address of each district officer 
should be known to the town clerk, to enable him to hold 
official correspondence with them. 

The importance of full and accurate records cannot be 
too strongly enforced. The record book of the district 
should contain a full history of its school affairs. Dates, 
names, resolutions, votes, etc., should be given with such 
exactness that no trouble can arise which a reference to its 
pages will not help to settle. Financial statements and 
reports should be spread out on the record book. Docu- 
ments tliat are merely filed, are soon lost. 

The clerk cannot properly refuse to record the proceed- 
ings of a meeting that he was opposed to calling. And 
although he may think the proceedings illegal, it is his duty, 
nevertheless, faithfully to record them. If illegal, they 
may be set aside by competent authority, on appeal; and 
the record of the clerk is of importance in deciding the 
(juestion. 

As the board has no authority to contract with a teacher 
who does not hold a legal certificate of qualification, so also 
any use of public funds, from whatever source received, for 
the payment of teachers not legally qualified, is a palpable 
violation of law. It is the duty of the clerk to see and 
know that the person employed is legally qualified and en- 
titled to teach, before any order for payment is drawn. It 
IS no less the duty of the director to refuse to countersign, 
and of the treasurer to refuse to pay, orders drawn in vio- 
lation of law; and these officers are bound to know that 
orders are legal before they recognize them as valid. 



85 

The order for payment of teachers' wages can be drawn 
only in favor of the teacher. If he is desirous to apply his 
wages to the payment of a private debt, he can indorse the 
order to his creditor, but it is for him, and not for the clerk, 
to distribute his wages. 

The provision and preservation of a school register is im- 
portant, and should be promptly attended to. The duties 
of the clerk as to his report are stated under section 462. 

Every clerk of a district should feel that, by a proper 
discharge of his duty in keeping his records with fidelity 
and neatness, he may leave an honorable memorial of him- 
self that shall last while his district exists. More especially 
may this be expected when he is paid for his services. 

WHAT SHALL BE TAUGHT. 

As Amended by Chapter 327, Laws of 1885. 

Section 447. Orthography, orthoepy, reading, writing, 
grammar, geography, arithmetic, the constitution of the 
United States, and the constitution of this state shall be 
taught in every district school, and such other branches as 
the district board may determine. All instruction shall be 
in the English language, except that the district board or 
the board of education of any incorporated village or city 
may, in their discretion, cause any foreign language to be 
taught by a competent teacher to such pupils as desire it, 
not to exceed one hour each day. 

Provision shall be made by tlie proper local school author- 
ities for instructing all pupils in all schools supported by 
public money, or under state control, in physiology and 
hygiene with special reference to the effects of stimulants 
and narcotics upon the human system. 

The text-books used in giving the foregoing instruction 
shall receive the joint approval of the state superintendent 
of public instruction, and the state board of health. 

The law wisely provides that those branches essential to 
a good common education shall be taught in every public 
school, and that all branches of study shall be taught in the 
English language. 

The district board should avoid the introduction of any 
branch of study, aside from those required by law, which 
will tend to practically exclude the foregoing. They should 
insist upon the school being so conducted as to secure daily 

7— S. C. 



86 

instruction and daily practice in reading, spelling, and writ- 
ing. These branches are often neglected, and others, such 
as algebra, Latin and rhetoric, are introduced, to the detri- 
ment of all the scholars in the school. It is especially neces- 
sary that teachers should require their pupils to ivrite in 
connection with every school exercise, from the primary 
school to the university. 

The law contemplates an English school. The object of 
the public school is to educate children so as to make them 
good citizens. Its instruction, discipline, and government 
must be of such a character as to prepare the young to dis- 
charge their duties as citizens of a country where the 
language of the courts, the legislature and the people, is 
the English language. To secure the requisite ability on 
the part of the teacher to carry out this provision of the 
law, section 449 provides " that no person shall receive a. 
certificate of any grade who does not write and speak the 
English language with facility and correctness." Teachers^ 
who speak other than the English language may be em- 
ployed, and their knowledge of German or Norwegian 
may be of great use in teaching the children of these na- 
tionalities, but every teacher must speak, write, and read 
English before he is legally qualified to teach a public school. 

The law does not require that the constitutions shall be 
taught to all pupils irrespective of age^ but to such as are 
advanced enough to receive instruction with benefit. Text- 
books are no longer furnished for this purpose a"*", the ex- 
pense of the state. 

In consequence of the large and increasing number of 
persons of foreign birth in this state, the law provides that 
one hour in each day may be given to instruction in foreign 
languages. The intention of this provision is not to en- 
courage, but rather to limit the introduction of other lan- 
guages than the English into common schools. While it is. 
natural that persons of foreign birth should wish their 
children to read as well as speak their native tongue, it is 
the policy of the state to provide that all may learn the 
common language of the country. The provision in ques- 
tion is not intended to afi'ect instruction in the classical or 



87 

modern languages, when the same form a part of a course 
of study ir. high schools. 

The provision added by chapter 337, laws of 1885, contem- 
plates instruction in physiology and hygiene, for all pupils 
sufficiently advanced in age and scholarship, with special 
reference to the effects of stimulants and narcotics upon the 
human system. By an amendment of section 449, no person 
can receive a certificate authorizing to teach in the public 
schools after the first day of January, 1886, who has not 
passed a satisfactory examination in physiology and hygiene 
with reference to the effects of stimulants and narcotics 
upon the human system. 

Text-books to be used in the instruction upon these 
subjects have been approved by the parties designated 
for that purpose, and announcement will doubtless be- 
made from time to time of other text-books so approved,, 
for the information of district boards, who are required to- 
adopt a text-book on this as on all other subjects taught in 
the schools. The effectiveness of the work in these branches 
will largely depend upon the simplicity and practical char- 
acter of the instruction given, and the good judgment of 
teachers in avoiding abstruse and offensive methods of pres- 
entation. IsTo more valuable or interesting study can be 
pursued than that of the structure and care of the human 
body, through which all intellectual and physical energy 
and power is to find expression. Competence to guide and 
aid pupils in this study can only be acquired through patient 
and thorough study on the part of teachers, to which they 
must now address themselves if they ..have not hitherto 
mastered the subject. 



III. CERTIFICATES AND EXAMINATIONS. 



Section 448. Every person who shall desire to teach in 
any of the common schools, unless he shall hold a diploma 
or certificate then authorizing him to teach, shall procure 
such certificate from the proper examining officer, as here- 
inafter provided; and no certificate shall have force, except 
in the district of the examining: officer who issued the same. 



88 

The comments on section 4;)S are referred to in tliis con- 
nection. Teachers as well as school oflicers should see to it 
that the law in i-egard to certificates is carefully complied 
with. The only safe and prudent course is to ohtain the 
certificate in due season, though it may require some trouble 
and expense. 

Sections 44!), 450, R. S. 

As Amended by Chapter 827, Laws of 1885, and Chapter 79, Latvs of 

1887. 

Section 44!). There are hereby established three grades 
of teachers' certificates, to be known as certificates of the 
first, second and third grades. Each certificate shall show 
the brandies in which the holder has been examined, and 
his relative attainments in each branch. No person shall 
receive any certificate who is known to the examining ofti- 
cer to be of immoral character, who is deficient in learning 
or ability to teach, or who does not write and speak the 
English language with facility and correctness. 

Section 4r)(). Every applicant for a certificate shall 
be examined in the subjects hei-einafter mentioned 
for the several grades respectively as follows: For 
the third grade, in orthoepy, orthography, reading, pen- 
manship, arithmetic, Englisli grannnar, geography, the 
history of the United States, the constitution of the United 
States, the constitution of the state of Wisconsin, physi- 
ology and hygiene, witli special ref<u'ence to the effects of 
stimulants and narcotics upon the human system, and the 
theory and art of teaching. For the second grade in all 
the foregoing, and also in grammatical analysis, physiology, 
physical geography, and elementary algebra. For the first 
grade in all the foregoing, and also in higher algebra, 
natural philosophy and geometry, and if found qualified, 
shall receive the certificate appropriate to his grade. A 
third grade certificate shall entitle the holder to teach for 
such poi'iod, not m6re than one year, as may be specified 
therein, in any town in the superintendent district in which 
he is examined, except that it may be limited by the county 
superintendent to any town or school-district therein. 
A second grade certificate shall entitle the holder to teach 
in any town in such superintendmit district, and be in force 
two years from its date. A first grade certificate sh^ll 
entitle the holder to teach in any town in such superintend- 
ent district, and be in force four years from its date; but 
the county superintendent may limit the same to one year, 
and remove the limitation upon satisfactory evidence that 
the holder has successfully taught a public school in this 
state for at least six months. Whenever any person has 



89 

passed a satisfactory examination by any county superin- 
tendent of any county in this state, and obtained a certifi- 
cate of either grade herein provided for, and shall purpose 
to teach in any other county in this state, it shall be lawful 
for the superintendent holding the papers written, upon the 
request of any county superintendent, to transfer to the 
superintendent requesting the same the papers written at 
the examination at which the certificate was obtained, and 
if found satisfactory, a certificate thereon may be issued 
to be co-terminus with the original certificate in the discre- 
tion of the county superintendent, of the proper grade, to 
the same effect as though the applicant had been examined 
by the superintendent in person. 

Three important changes in the law are made by the 
amendments to sections 449 and 450. (1). County super- 
intendents are authorized to withhold certificates from 
applicants known to them to be immoral in character, 
and are forbidden to give certificates to persons mani- 
festly deficient in learning, or in ability to teach. (2). 
Second grade certificates are to be in force two years, 
and first grade certificates four years; the latter, however, 
may be limited to one year at its issue, if the applicant has 
had no experience in teaching, and the limitation may be 
removed when experience evidences that the holder is suc- 
cessful and apt as a teacher. (3). Papers of applicants for 
certificates written in one county may, in the discretion of 
the county superintendent, be made the basis of a certifi- 
cate in another county, under the conditions and restric- 
tions named. 

Candidates for a tJiird grade certificate should be required 
as the minimun of qualifications, to spell correctly the 
words of any ordinary sentence, dictated by the examiner, to 
know something of the rules of spelling, to understand the 
use of capitals, and the diacritical marks in Webster's dic- 
tionary; to pronounce with facility and correctness, com- 
mon words, and to read distinctly and intelligibly from an 
ordinary book; to work readily any ordinary question in 
common arithmetic, giving reasons for the operations; to 
parse correctly any sentence of common prose, and to un- 
derstand the elements of sentential analysis; to have a fair 
knowledge of geography, especially of the United States, 



90 

and of this state, of the history of the country, and of the 
constitutions of the United States and of Wisconsin: so 
nuioh auti so clear knowlodg'c of physiology — the laws of 
growth, iiealth, and functions of the organs of the human 
body — as is necessary for proper instruction regarding the 
effects of narcotics and stimulants upon that body; to write 
plainly, and to know something of the principles of pen- 
manship; and finally, to have some correct ideas of methods 
of teaching and of the management of a school. 

Applicants for a .^iccoud grade certificate should under- 
stand more thoroughl}' the rules of spelling, pronunciation, 
and elocution, the diacritical marks, and marks of punctua- 
tion : should spell all common words though difficult, and 
be able to read with intelligence and expression; they should 
write a good hand, and be able to teach some good system 
of penmanship; they should understand the science of arith- 
metic, and be able to teach book-keeping by single entry; 
they should write grammatically and compose with facility, 
and should have, in addition to a thorough knowledge of 
the branches required for a third grade certificate, a good 
knowledge of the additional branches required for the sec- 
ond grade, more especially of physiology and hygiene. 

For a first grade certificate, the law requires a knowledge 
of higher algebra, natural philosophy, and geometry, in 
addition to the branches required for the lower grades, and 
the examination in the common branches should be thorough 
and searching. 

It would not be amiss if the law had provided that certifi- 
cates of the./? rsf {/r«(7c shall be granted onlj' to those who 
have had experience in the profession, and who have been 
eminently successful in the government of schools, but it 
has not done so. 

The third grade certificates are intended for temporary 
licenses, to be granted to persons of limited attainments. 
Earnest eft'orts are needed on the part of the superintend- 
ents to induce more teachers to seek certificates of a higher 
grade. District officers can greatly contribute to this result 
bv seeking the best teachers, and tliev will find it the best 



91 

economy in the end, although wages paid to such teachers 
may be higher. 

Under the law as it now stands, the third grade certificate 
entitles the holder to teach for such period, not more than 
one year, as may be specified therein, in any town in the 
county or superintendent district; but it may be limited to 
any town or school-district, at the discretion of the exam- 
iner. These limited third grade certificates should be 
granted only when necessity requires. 

Second grade certificates will continue in force two years, 

and first grade four years, unless sooner annulled. 

Section 451. Each county superintendent shall, under 
the advice and direction of the state superintendent, estab- 
lish for his county the standard of attainment in each 
branch of study, which must be reached by each applicant, 
before receiving a certificate of either grade, and the stand- 
ard so established shall be uniform in the superintendent's 
district. He may demand an examination in such addi- 
tional branches as the apxjlicant may be required to teach, 
and whenever he shall deem it necessary may require a re- 
examination of any teacher in his district for the purpose of 
ascertaining his qualifications to continue as such teacher. 

In the comments on section 450, the minimum standard 
of qualifications of teachers for the several grades of cer- 
tificates is outlined, and these comments should be carefully 
noted by county superintendents in preparing tests for use 
in examinations. Uniformity of standard for the county 
does not require identity of questions. These may require 
to be changed, even during the same season. It will of 
course be the effort of the superintendent to raise the stand- 
ard, as fast as the general progress in education will admit. 

It is not supposed that any superintendent will capri- 
ciously require re-examination, nor that he will not give 
proper faith and credit to the work of his predecessor; but 
cases may arise in which duty will require such re-exami- 
nation. 

By chapter 311, laws of 1885, graduates of free high schools, 
after obtaining a first grade certificate of the county super- 
intendent of the county in which the free high school from 
which they graduate is located, and after one year of suc- 
cessful experience in teaching, may have the certificate of 



92 

standing accorded to them at graduation countersigned by 
any county superintendent, and thus made in effect a first 
grade county certificate valid for the period of four years 
from the time the same is countersigned. It will be noted 
that the diploma must be countersigned by the superintend- 
ent of the count}^ or superintendent district in which the 
holder desires to teach. Being countersigned by one super- 
intendent will not give authority to teach in any county or 
district except that in which the superintendent counter- 
signing has jurisdiction. The law is hereto appended: 

Chapter 311, Laws of 1885. 

Section 1, The high school board of each town, incorpo- 
rated village, city, or school-district, which contains within 
its limits an incorporated village, in this state, in which 
there is, or shall hereafter be maintained a free high school, 
according to the provisions of law, shall make out and de- 
liver to each graduate of such respective high school at 
the time of graduation, a certificate of his standing in the 
various branches which he has pursued in such school, and 
any such graduate who shall have duly passed an examina- 
tion for and received a first grade certificate from the county 
superintendent of schools of the county where he shall 
then reside or shall have so graduated, upon furnishing to 
any county superintendent satisfactory proof of having 
successfully taught at least one school year under such first 
grade certificate, such county superintendent may counter- 
sign such certificate of graduation or diploma and the same 
when so countersigned shall have the same force and effect 
for all purposes of a first grade county certificate for the 
period of four years, from and after the time when the same 
is so countersigned. 

Section 452. Any applicant refused a certificate as a 
teacher by the county superintendent, may apply to the 
state superintendent for a re-examination. The superin- 
tendent, upon demand, shall give any applicant refused a 
certificate a written statement of the reasons of such re- 
fusal, which shall be presented to the state superintendent 
by the person desiring re-examination. If, upon such re- 
examination, the state superintendent shall be satisfied that 
such applicant is legally qualified, he shall issue a certifi- 
cate of the proper grade, which shall entitle him to the 
same privileges as if it had been issued by the county 
superintendent. 

An appeal from the action of a county superintendent in 
refusing to grant a certificate, must be conducted according 



93 

to the rules and regulations of the department governing 
appeals. As the county superintendent fixes the standard 
of attainment under the advice of the state superintendent, 
no appeal need be taken under the impression that the 
standard will be lowered. 

If the refusal is for want of literary qualifications, a re- 
examination will probably be necessary. If for other rea- 
sons, the decision will be rendered according to the evidence 
submitted. The forms and rules to be observed by a teacher 
in taking an appeal will be found under section 497. 

Section 453. When any charge shall be made against 
any teacher in his district, affecting his moral character, 
learning, or ability to teach, the county superintendent 
shall give to such teacher, and the district board by whom he 
is employed, at least ten days' notice in writing of the time 
and place when and where he will hear the same, which 
shall in all cases contain a statement of such charges. At 
the time and place fixed in such notice, he shall proceed to 
hear the proofs on either side, and may administer oaths 
therefor, and give the accused a reasonable opportunity to 
defend himself, and if he shall find the charges sustained, 
and sufficient, he may annul his certificate. Such annulling 
of a certificate shall not disqualify a teacher until notice 
thereof, containing the name, date, and reasons therefor, 
shall be filed in the office of the town clerk, and a copy 
thereof delivered to the clerk of the district in which such 
teacher is employed. 



STATE CERTIFICATES. 

Section 1. Section 454 is hereby amenaed so au 
_, mi , J to read as follows: Section 454. The state snper- 

SECTION 454. The state S Intendent shall, before the second Wednesday of 
act>r^-r,A "\A7o/lnoc!f1 Q ^r r>f Anrvil August in each year, appoint three competent 
SeCOna W eanesaay or AUgl| persons, residents of this state, wlio shall con- 
COmpetent persons, resident stltute a hoard of examiners. Said board shall 
, , ^ -I 1 /• • 1 meet at the capitol once or more each year, at 

tUte aboard or examiners.' such times, and also at such otlrer places as the 

ra-nitol onPP or morP Paoh Vi state supetinteudent shall prescribe, for the ex. 
CapiLOl once Ol moie edCU y( ^^^^.j^^^j^j^ ^^ ^^^ applicants for stata 

such other places as the state certificates; provided, the state superm- 

for the examination of all s ^^^J' ^}^"'^^high"'^™1is' TiT'l^i 
The ,state superintendent i ^^^^.^^^^^^^J^J^^Z!^ 

making application, or cone ing such Wgh school, and to grant certificates to 
flminatioTici rpnortino* thp i successful candidates, valid for one year, and 14 
ammdUlonb, lepoiling l^J^^*^. | ^ single locality. The state superintendent shall 
advice of the examiners, ll prescribe the manner of ruaking application, of 

addition to those fixed by Is ^;:^}^^^^^&,r^'^^T'^ 
ited state c^iAcate sh^ll be );l-^;;il^^-^i;S^^;t:^^^S 

Section 455. lO entitle i for an unlimited state certificate shall be ex- 

certificate, the examiners sh 'iL'ii"^^- ^.^^^, ^±j.kx amxix. import 

to the state superintendent that he possesses the requisite 
scholarship in all the branches of study required for a first 



94 

grade county certificate, and also in mental philosophy and 
English literature. To entitle him to an unlimited state 
certificate, they shall be satisfied and report that he pos- 
sesses the requisite scholarship in all the branches above 
named, and in all such others as shall have been prescribed. 
After successful examination each applicant shall furnish 
to the state superintendent such evidence as^he may require 
of good moral character, experience, and success in teaching, 
and thereupon the state superintendent shall issue to him 
such certificate as is awarded him by the report of the ex- 
aminers. A limited state certificate shall qualify to teach 
in any public school in the state without further examina- 
tion, for five years from its date, unless sooner annulled. 
An unlimited state certificate shall qualify to teach, with- 
out any further examination, in any public school in the 
state or until the same is annulled. 

Section 456. The state superintendent shall record the 
date of each certificate, and the name, age, and residence 
of the person to whom issued; and he shall preserve on file 
in his office all papers relating to the examination of appli- 
cants for state certificates. 

Section -1:57. Any state certificate may be revoked by the 
state superintendent for incompetency or immoral conduct; 
but before any such revocation, the holder shall be served 
with a written statement of the charges against him, and 
shall have an opportunity for defense. 

Section 458. TIk, ^.^H-tiom. sodUm f>i<, of (he'iovised stat\i'fet'*'easury, 

to eacn exammei aj "three." where it occurs In the seoond line there ^'V* P®^ 
day for all time act t>f and inserting in ita place the word "flvo," s Omg tO, 
l-.,^!^,*,-..^- .mrl ,.^+„„,, ^^"' stiid section when so nmondoi will read n ^„j qII 
nOlClmg, and return follows: There shall be paid out of the stal » ^^^^ ^^^ 

his actual and nec< i^?"^"''>'*Vt*,'f^ examiner uppointed as afoKxed and 

,.j2 1 1 ,1 X , ^^iiJ. "vo dollars per day lor all time actuall , 

CertineCl by tne Stal and necessarily spent in going to, holding an 
returning from any such examination, and a] 
his actual and necessary expenses therein tob,.^ 
Since 1872, there hJi^ed and certified by the state superintendent. tlfiCateS. 
Section 2. This act shall take eft'eet and b 
Applicants for eitlKl^,^"^^^^'^" ^^"^ *^^^ after its passage aud pubiisatisfac- 

tory evidence of good moral character. 

The present requisites for obtaining a limited state certifi- 
cate, good for five years in any public school in the state, are 
a successful exami^iation in the studies now required for a 
first grade county certificate, with the addition of English 
literature and mental philosophy, and satisfactory evidence 
of success in teaching for at least three ordinary school 
terms. The rudiments of mental philosophy only are re- 
quired. For the unlimited certificate, the rudiments of 
botany, geology, political economy, zoology, and general 
history are added. Evidence of success in teaching nine 
terms will also be required. 



95 

When an applicant is personally known to the state su- 
perintendent, or to either member of the board of exam- 
iners, as having a good moral character, no specific testi- 
mony will be required; but when not thus known, written 
testimonials from one or more responsible persons acquainted 
with the applicant, must be presented. 

In respect to the length of time that an applicant has 
taught, his own declaration, giving the time, place and kind 
of school, will be sufficient. 

The proof of success in teaching must be clear and ex- 
plicit. Written testimonials from employers, or other re- 
sponsible and competent persons, will be required. 

The examination will be conducted by both oral and 
printed questions, in such manner that exact justice will be 
done to each applicant. 

Applicants who fail in any of the branches required, may 
present themselves for re-examination in the branches for 
the limited certificate, within one year; and for the un- 
limited certificate, once within two years. A re-examina- 
tion in those branches in which they have been successful, 
will not be required. 

The necessary stationery, etc. , will be furnished by the 
state superintendent, and no fee will be charged for certifi- 
cates. 

An unlimited state certificate entitles the holder to teach 
in any public school in the state, and will be valid during 
life, unless revoked for incompetency or immorality. The 
limited certificate is subject to the same conditions as the 
unlimited one, and confers the same privileges for a period 
of five years. 

It is the object of the law to recognize and honor those 
experienced and successful teachers who have given char- 
acter to their profession, and to furnish to young teachers 
a proper incentive to honorable exertion. 

It is hoped that through the hearty co-operation of all per- 
sons interested in the subject, the objects of the law may 
be fully realized, and that the standard of teachers' qualifi- 
cations may be essentially raised, and more clearly defined. 



96 



DIPLOMAS AND STATE CEKTIFICATES. 

As diplomas from the normal schools, from the state uni- 
versity, and from other colleges and universities in the 
state, may become state certificates, so much of the law as 
relates to the matter is inserted here. 

First is given section 405, of the revised statutes, relative 

to diplomas granted by the board of regents of normal 

schools : 

Section 405. Said board may grant diplomas in testimony 
of scholarship and ability to teach, but no such diploma 
shall be granted until such graduate shall have passed a 
thorough and satisfactory examination in the course of 
study prescribed by the board. When any such graduate 
has, after receiving such diploma, taught a public school in 
this state one year, the state superintendent may, after such 
examination as to moral character, learning, and ability ta 
teach, as to him may seem proper, countersign the diploma 
of such teacher, and thereafter such countersigned diploma 
shall be evidence of his qualifications to teach in any com- 
mon school, and shall have the force and efi:'ect of an un- 
limited state certificate. The said board may also, on such 
conditions as they may determine, grant a certificate of 
attendance, certifying that the holder has completed the 
elementary course in a normal school, and is qualified to 
teach a common school; and- the said superintendent may, 
upon conditions above prescribed respecting diplomas, coun- 
tersign such certificate, and thereafter such countersigned 
certificate shall be evidence of his qualification to teach in 
any common school of this state, and shall have the full 
force and effect of a limited state certificate. 

Next is given so much of section 387 of the revised 

statutes, as relates to diplomas granted by the board of 

regents of the university: 

Section 387. * * * After any person has graduated at 
the state university, and, after such graduation, has success- 
fully taught a public school in this state for sixteen school 
months, the superintendent of public instruction shall have 
authority to countersign the diploma of such teacher, after 
such examination as to moral character, learning, and 
ability to teach, as to the said superintendent may seem 
proper and reasonable. Any person holding a diploma 
granted by the board of regents of the state university, 
certifying that the person holding the same is a graduate 
of the state university, shall, after his diploma has been 
countersigned by the state superintendent of public instruc- 
tion as aforesaid, be deemed qualified to teach any of the 



97 

public schools of this state, and such diploma shall be a cer- 
tificate of such qualification until annulled by the superin- 
tendent of public instruction. 

The law passed at the session of the legislature in 1880, 
providing that diplomas granted by other colleges and uni- 
versities of the state may become state certificates, is as 
follows: 

Chaptee 209, Laws of 1880. 

Section 1. After any person has graduated at any in- 
corporated college or university located in the state of Wis- 
consin, whose courses of study are fully and fairly equivalent 
to the corresponding courses of study in the state univer- 
sity, and after such graduation has successfully taught a 
public school in this state for sixteen school months, the su- 
perintendent of public instruction shall have authority to 
countersign the diploma of such teacher, after such exam- 
ination as to moral character, learning, and ability to 
teach, as to said superintendent may seem proper and rea- 
sonable, and after having ascertained that the course of 
study from which such person has graduated, is fully and 
fairly equal to the corresponding course in the state uni- 
versity. 

Section 2. Any person holding a diploma granted by 
any such aforesaid college or university, certifying that the 
person holding the same is a graduate of such college or 
university, shall, after his diptoma has been countersigned 
by the state superintendent of public instruction as afore- 
said, be deemed qualified to teach any of the public schools 
of the state, and such diploma shall be a certificate of such 
qualification until annulled by the superintendent of public 
instruction. 

Chapter 376, Laws of 1887. 

Section 1. Whenever the diploma of any graduate of 
the university of Wisconsin shall, by the signature or en 
dorsement of the professor of science and art of teaching, 
in that institution, evidence that the person therein named 
has completed the full course in pedagogy provided for at 
the university, and such person shall have taught a public 
school in this state successfully for eight months after 
receiving such diploma, the state superintendent may coun- 
tersign the diploma thus held, after such examination as to 
moral character, learning and ability to teach, as to the 
said superintendent may seem proper and reasonable, and 
such diploma, when countersigned, shall be a certificate of 
qualification to teach in any public school of this state, 
until annulled by the state superintendent. 



9S 

The statute rolatiiii;' to diplomas granted to graduates of 
the nonnal schools, allows sucli diplomas to become unlim- 
ited state certificates after the holder has taught successfully 
one year. The ruling of the state superintendent is that one 
year shall be understood as not less than eight school months. 
This applies to the diplomas granted to those wlio have taken 
the full or four years' course. In like manner, and on the 
same condition of having taught one year, the certificate 
granted to those who complete the elementary course may 
become a limited state certificate. 

The statutes in regard to diplomas granted by the state 
university and other incorporated colleges and universities 
of the state, prescribe that the holder shall have taught six- 
teen school months before such diplomas can be counter- 
signed and become state certificates (excepting such as take 
the full course in pedagogy in the university). A school 
mouth is understood to be twenty days in length. 

In regard to moral character, length of time that the 
graduate has taught, and his success in teaching, the rules 
by which the state superintendent is governed in counter- 
signing diplomas are similar to those announced in the 
comments on the law as to state certificates granted on ex- 
amination. 

Chapter 303, laws of 1882, authorizing the state superin- 
tendent to countersign first or second grade county certifi- 
cates and limited state certificates held by persons who 
have taught in the state successfully for the period of 
twenty-one yeais, and thus give such certificates the force 
and effect of life certificates, was repealed by chapter 205, 
laws of 1885. 

Chapter 180, Laws of 1885. 

Section 1. After any person has graduated from the 
Milwaukee high school and normal department thereof, and 
shall hold a diploma from the school board of Milwaukee 
certifying to these facts, and shall have successfully taught 
five years in a public school in this state, the state superin- 
tendent shall have authority to countersign the diploma of 
such teacher after such examination as to moral character, 
learning and ability to teach as to the said superintendent 
may seem proper and reasonable. 



99 

Section 2. The diploma of such graduate, countersigned 
by the state superintendent as aforesaid, shctll be evidence 
of the qualifications of such graduate to teach in any com- 
mon school in this state, and shall have the force and effect 
of an unlimited state certificate. 



TEACHER S MONTH AND LOSS OP TIME. 

As Amended by Cliapter 440, Laws of 1887. 

Section 459. In settlement for wages between teachers 
and district boards, and other employers of teachers in the 
public schools, twenty days of teaching shall constitute a 
school month, unless it be otherwise specified in the con- 
tract, and all legal holidays occurring on school days shall 
be counted, although no school be taught; but school taught 
on a legal holiday shall not be counted for two school days, 
and no Saturdays shall be counted. The district board 
may, in their discretion, give to any teacher employed, 
without deduction from his wages therefor, the whole or 
any part of his time spent by hiin in attending the sessions 
of any institute held in the county, embracing the school- 
district or any part thereof, upon such teacher's furnishing 
to the district clerk, to be filed by him, a certificate of reg- 
ular attendance on such institute, signed by the person con- 
ducting the same. 

This amendment does not change the ruling of the state 
superintendent, that a legal holiday can be counted but one 
day, whether school is taught or not, and hence teaching 
on such a day can not compensate for a day of teaching 
omitted on one which is not a legal holiday. But that rul- 
ing is now embodied in the statute. 

Both school boards and teachers should take notice that 
the teacher's month is always 20 instead of 22 days, unless 
it be otherwise specified in the contract; also, that all legal 
holidays, but no Saturdays, are to be counted. The legal 
holidays are named in the comments on section 462. 

It is recommended to school boards to exercise the power 
here given to them, and allow teachers to attend institutes 
without deducting all the time. The schools will be the 
gainers by this general policy. The certificate of attend- 
ance required by the law should be produced by the teacher, 
before his wages are paid. 



100 



TllK SrilOOl- KICOISTER. 



SiccTioN l(i(\ Kv(M-v iotu'iuM* (MnnloytMl In' a (listrict hoard 
vsliall tMii(M' in tlu> school roi>is((>r lluMuimos, aj;os and studies 
of all scholars attending;- school, and daily, thoir attonchuico 
mid ahsoncc. a,nd such i)tlu>r facts as tiic county sui)orin- 
tend(>iit or tho state sup(>rintcndont may require; which 
register the teacher shall (UUiver to the clerk at the time he 
shall cease to he empU)yed hy such district, or at any other 
time when the same may he required for the use of the dis- 
trict hoard; and tlu^ teacher shall make in writing and 
transmit to the district hoard, or to the county superintend- 
t>nt a report concerning any matter relating to his school, 
ill such form ami manner as the hoard or sui>erintendent 
may prescrihe, and any teacher who shall willtully neglect 
or ri^luse (o makt» tlu^ proper entries in tlu^ school r(\gister 
US ahove requirtnl, shall forfeit his wages for teaching dur- 
ing the time of such neglect or refusal. 

It is the duty of the clerk to furnish the teacher promptly 
with th(* r(\gister, and to caW his attention to this section of 
the school law. wliich provides that for willfully neglecting 
or refusing to comply with its requirements, he shall forfeit 
his wages during such neglect or refusal. 

The form of a school register is given in the appendix (No. 
J}r>). Kcouomy will he the best subserved in the end, if a 
goml and substantially bound book is procured for this pur- 
pose. Registers are not supplied by the department of 
Public Instruction. Registers of the form approved may be 
obtained at the bookstores, or of firms that deal in school 
supplies. 

The clerk should reipiire the teacher to return the school 
register at the end of the term for which he is employed, 
and should ascertain that it has been properly kept, before 
he draws an order on the treasurer in payment of the 
teacher's wages. He should also frequently examine the 
register during the term, in order to secure that accuracy 
in the method of keeping it which will enable him to nuxke a 
reliable report to the town clerk. Teachers are required by 
this section to render reports relating to their schools, and 
a refusal so to do is sutHcient cau^ for. discharging the 
teacher thus violating the law. 



101 



IV. THE COUNTY SUPERINTENDENT. 

Section 461. It shall be the duty of every county super- 
intendent: 

1. To examine and license teachers in his district and to 
annul certificates as provided by law. 

2. To visit and examine each district, and all the schools 
in his district, at least once in each year, and as much 
oftener as may be necessary, to inquire into all matters 
relating to the management, course of study, mode of in- 
struction, text-books, and discipline of such schools, and 
the condition of the school-houses, sites and out-buildings 
and appendages, and of the district generally; to advise 
with and counsel the district boards in relation to the con- 
struction, warming and ventilation of school-houses, and 
the improving and adorning of the school grounds, and to 
recommend to school officers and teachers the proper stud- 
ies, discipline and management of schools. 

3. To ''lirect, after proper examination, the district board 
to make any alteration and repairs which shall in his opin- 
ion be necessary to the health, comfort and progress of the 
pupils, and to abate any nuisance in or upon the premises, 
providing the same can be done at an expense not exceeding 
twenty-five dollars. 

4. To make an order in concurrence with the chairman 
of the town board in which any school-house is situated, 
which they shall deem unfit for school purposes and not 
worth repairing, declaring such fact and reciting the reason 
therefor. They shall deliver such order to the clerk of the 
district, and transmit forthwith a copy thereof to the clerk 
of the town, and also to the state superintendent. Such 
order shall take effect from its date, unless within thirty 
da^ys after it is delivered to the district clerk, the same shall 
be reversed by the state superintendent for cause shown, 
and from the time said order shall take effect, the district 
shall not share in any apportionment of the school fund 
income for any school kept in any building so declared to 
be unfit for school purposes. 

5. To report annually to the board of supervisors of his. 
county, the condition of the schools under his supervision. 

6. To receive from the town, city, or village clerk, the 
abstracts of the reports of the district clerks required to be 
made by law, and to transmit the same to the state superin- 
tendent; and before the first day of May in each year, to 
transmit to the state superintendent the name and post- 
pfRce address of each town clerk in his district, and from 
time to time such other facts relating to education in his 
district as the state superintendent shall require. 

8— S. C. 



102 

7. To org'auizo and (.'oiuluct at least one institute for the 
instruction of teachers in each year, aud to advise in all 
i|uestions arisinj;- under the operation of the school laws in 
his district. 

8. To divide his district into inspection districts hounded 
hy town lines, and containing- not more than four towns 
each, where tlie number of schools in l\is district, including 
oraded schools, shall exceed one luiudred aiui tifty; hut to 
form not more than four inspection districts, if tlie nun\ber 
<yf schools is less than one hundred and hfty; not more than 
three, if the number is less than one hundred; to hold in 
•each inspection district at least two meetings in each year 
for the examinatioii of teachers, and to furnish each district 
clerk in the same a written notice of each meeting', to be 
posted by him in some conspicuous place in his district. 
Such notice shall contain the names of the towns embraced 
.in the inspection district to which it relates, and the time, 
place, and objects of the meeting. The examination of the 
teachers tluis held shall be public, and shall be conducted 
by oral and written questions and answers, which shall be 
imiform in his district. Whenever, for any cause satisfac- 
tory to the county superintendent, any person desiring a 
certificate as a teacher, shall be miable to attend upon 
such examinations, he may be examined at any time fixed 
b}' him, and if found qualified by law to teach, may receive 
&, certificate of the proper grade, which shall remain in 
force until the next regular examination in such inspection 
district. 



Chapter -^lo. Laws of 1885. 

Section 1. No county superintendent of schools (except 
as hereinafter provided) shall engage in teaching during the 
term for which he was elected, nor shall any person under 
contract to teach be qualified to hold the office of county 
superintendent of schools. 

Section t>. No county superintendent of schools shall en- 
gage in any profession or occupation, nor shall he absent 
himself from the county or district for which he is elected, 
to engage in any occupation, profession or pursuit during 
the term for which he is elected, for such tune or in such 
manner as to interfere with the proper discharge of his 
duties as superintendent of schools. 

Section ;i Any county superintendent of schools who 
neglects or violates any of the provisions of sections 1 or 2 
•of this act shall be subject to removal from office. 

Section 4. None of the provisions of this act shall be 
applicable to counties in which the salary of county super- 
intendent of schools is less than eight hundred dollars per 
iiiinum. 



103 



Chapter 80, Laws of 1887. 

Section 1. Whenever the county seat of any county in 
this state is located in an independent city, with a separate 
superintendent of schools having jurisdiction only in such 
city, it shall he lawful for the county superintendent of 
schools to reside in such city and to keep an office in the 
public building or other place provided for that purpose by 
the county, notwithstanding such county seat may not be 
under the jurisdiction of the county superintendent of 
schools. 

Section 2. Whenever any county in this state shall be di- 
vided into two suijcrintendent districts, and two county su- 
perintendents of schools shall be elected in and for said 
county, it shall be lawful for such county superintendents of 
schools to reside at the county seat of the county in and for 
which they were elected, and to keep an office in the public 
building belonging to the county, or other place provided 
for that purpose by the county, notwithstanding such 
county seat may not be within the jurisdiction of either of 
such county sufjerintendents of schools. 

This act permits county superintendents to reside at the 
county seat without vacating the office, if the city is not 
within his jurisdiction, and avoids all questions that might 
arise under the general law — section 962, revised statutes. . 

Section 975, Revised Statutes. 

Section 975. The judge of the circuit court may, in term- 
time, or vacation, by an order specifying the cause thereof, 
a copy of which he shall certify to the county clerk, remove 
any county superintendent of schools in his circuit for in- 
competency, willful neglect of duty, or for acting as agent 
for, or receiving any fee or reward from any author, pub- 
lisher, bookseller, or dealer in school books, maps or charts, 
or school library books, or school furniture or ajjparatus. 
Such removal shall be made only upon a petition, setting 
forth fully the charges preferred against him, and after a 
copy thereof, with a notice attached, stating the time and 
place, when and where such petition will be presented to 
such judge, shall have been personally served upon such 
superintendent, at least thirty days before the hearing, and 
an opportunity given him to be heard. The testimony shall 
be taken and the proceedings conducted summarily under 
such reasonable regulations as the judge shall prescribe. 

In the discharge of the duties imposed upon county super- 
intendents, these officers will find opportunity for doing in- 
estimable good. To properly perform them will require 



the exercise of patience, prudence and firmness, and gen- 
erally the assiduous employment of all their time. In this 
way alone will they secure the confidence of the people. 

EXAMINATION OF TEACHERS. 

1, The examination of teachers should be confined to 
ascertaining their qualifications in respect, first, to moral 
character; second, to learning; third, to ability to teach. 

A superintendent can inflict no greater wrong upon a 
community than to license a man of immoral character as 
a teacher. When the superintendent is not acquainted with 
the applicant, testirnonials as to his moral character should 
be required, which should be explicit, and from persons of 
unquestionable integrity who are intimately acquainted 
with said applica.nt. Persons of questionable morals and 
bad manners should never be permitted to engage in the 
business oE teaching. The example of a teacher influences 
the character of his scholars, hence it should always be 
such as to inspire confidence. While no religious test can 
be required, a person who is habitually profane, or secta- 
rian in spirit, or uncharitable towards those of faith differ- 
ent from his own, or indiscreet in the utterance of his 
religious or political views, ought not to be permitted to en- 
ter a public school as a teacher. Neither should a person 
receive a certificate of good moral character, who is not 
truthful, temperate, orderly, honest, and prudent. A teacher 
should be courteous, simple in his tastes, kind and consid- 
erate toward the unfortunate, just in his dealings, patriotic, 
public spirited and pure minded. 

Comments upon the different grades of certificates au- 
thorized to be given, are to be found under section 450. 

As to the learning of applicants, the law specially sets forth 
the branches in which they must be examined, and the dif- 
ferent certificates which county superintendents are author- 
ized to grant. The method of examination required is by 
written and oral questions. Questions to be answered by 
writing should be prepared with great care. They should 
be definite, involving principles rather than facts, and suffi- 
cient in number to test the knowledge of the teacher. The 



105 

questions are generally printed on slips of paper, the super- 
intendent exercising due care to prevent candidates for cer- 
tificates from knowing beforehand what they are. All neces- 
sary preparation should be made, such as providing a room 
where teachers can write; removing all temptation to aid or 
seek aid; obtaining paper, ink, pens, etc. ; seeing that the 
blackboard is in good order, and that rubbers and crayons 
are at hand, and that the room is warmed, lighted and venti- 
lated. The time appointed for meeting should be such as will 
enable all to be present, who design to attend, and no allow- 
ance should be made for a failure consequent upon tardiness 
or unnecessary absence. The time allotted for each set of 
questions should be stated on the paper containing the 
printed questions, and such rules should be established as 
will preclude communication or interruption during the 
time of examination. 

County superintendents should carefully discriminate be- 
tween the standard of attainments in each branch of study 
which they are authorized to establish, and which each 
applicant for a certificate may be required to reach (see 
comments on section 450), and the standing or relative 
attainment, in those branches, which is to be shown in the 
certificate, as required by section 449. The standard in- 
volves the scope or extent of the candidate's ability, scholar- 
ship and powers, which are deemed indispensable qualifi- 
cations for teaching, and involves clearness of perception 
and understanding, with ability to communicate and eluci- 
date. Standing implies relative attainments in the several 
branches as determined by the particular test of the exam- 
ination. 

Discrimination in this matter will result in careful con- 
sideration of the i^lan of examination, as well as the ques- 
tions to be submitted. The latter can be properly prepared 
only after the standard is definitely determined, and should 
be rigidly confined to tests within the limits of the stand- 
ard fixed. 

As a rule, the examiner should not know the name of the 
person whose papers he examines. By numbering the can- 
didates and requiring them to use the numbers instead of 



106 

their names in signing their papers, there will be no suspi- 
cion of partiality. The 'name and corresponding number 
of each candidate should be written on a card. The cards 
should be collected and carefully laid aside until the results 
of the written examination are determined; and the owner 
of eaclj paper may be known by finding the name on the 
card corresponding with the number on the paper. 

All papers written at examinations should be preserved 
by the superintendent, kept on file in his ofiice during the 
life of the certificate issued thereon, and so arranged that 
reference may readily be made to them. In case of com- 
plaint, any errors that may have been committed may thus 
be corrected. 

In "marking " or determining the standing of candidates, 
ten should be taken as the niaxiniuni. The ivriting,pimctu- 
atioti and spelling should be correct. No attainments in 
science can be taken as an equivalent for deficiencies in 
the "common branches." 

In conducting the examination orallu, such notes should 
be made by the examiner as will enable him to avoid er- 
rors of judgment. Pronunciation, choice of words, facility 
of illustration, ability to use the crayon at the blackboard, 
power of expression, use of the voice, self-possession, man- 
ners, and, in general, scholarly culture, are things to be ob- 
served in the oral examination. If a person does not pos- 
sess these in some tolerable degree, he cannot teach, and 
ought not to be licensed. 

In many cases, too little time is given to the examination. 
No person can properly examine twenty or thirty teachers 
in a single day. At least ten hours diligently employed are 
necessary to enable the examiner to pass upon the qualifi- 
cations of twenty teachers seeking the lowest grade of cer- 
tificate. 

A record of all examinations should be kept. The names 
of applicants with their ages and residences, and the grades 
of those licensed, should be carefully and accurately re- 
corded. The dates of examinations and of certificates ought 
to be preserved as a portion of the permanent records of 
the office, and all papers relating directly or indirectly to 



107 

examinations should be preserved, arranged and filed for 
future reference. 

" Ability to teach," involves more than mere learning-. 
One who does not speak the English language with fluency, 
correctness and good taste cannot teach the branches re- 
quired "in the English language," as the law provides. It 
also involves knowledge of the usages of society and of the 
•rights of parents and children; also, of the laws relating 
to public schools, property, reputation and life. To teach 
requires courage, fortitude, forbearance, discretion and 
patience; hence, granting certificates to boys and girls is a 
violation of the spirit of the law, and shows a want of com- 
mon sense. 

In preparing questions for written examinations, effort 
should be made to so frame them as to fairly test a candi- 
date's knowledge of the facts and processes involved in the 
subject, the reasons of the processes, the relations and prac- 
tical significance of the facts and processes, and ability to 
develop the general subject by correct methods, to accom- 
plish the disciplinary as well as other advantages of 
the study. 

ANNULLING CERTIFICATES. 

The power conferred by law upon county superintendents 
to annul certificates, should be exercised with discretion and 
firmness. 

Deficiency in learning or ability to teach, or immoral 
character, constitutes a ground for annulment. If a teach- 
er's deficiency relates to learning, and it is within the knowl- 
edge of the superintendent, he should re-examine him; and 
if it relates to bad morals, he should investigate the matter^ 
giving the teacher proper notice; and if he fails to excul- 
pate himself, his certificate may be annulled. In case of 
complaint made to the superintendent by others, the teacher 
should receive notice of the time and place at which he will 
be examined, and at which proof will be heard on behalf 
of both complainant and teacher. 

When the complaint relates to the moral character of the 
teacher, full opportunity must be given him for defense. 



108 

He should be made acquainted with the precise charges 
affecting his character, and ample time should be allowed 
him to prepare jn'oofs, and to bring witnesses to explain or 
disprove the charges. 

The law authorizing superintendents to annul certificates, 
and directing the course to be pursued, is found in section 
453. 

The superintendent should not subject the teacher to a. 
public accusation, unless some person shall make complaint 
to him, and sustain it by his own oath, or that of witnesses 
whom he produces. All testimony should be reduced to 
writing. It is for the complainant to produce the evidence 
of the charges he prefers. The accused is entitled to the 
privilege of cross-examining witnesses, and is not bound to 
offer any testimony until something is proved against him. 

As an appeal may be taken from the action of the county 
superintendent to the state superintendent, the former 
should take full minutes of the testimony, as it is given, as 
nearly as possible in the language of the witness. 

VISITING SCHOOLS. 

The duty of visiting schools is among the most important 
of those required of the county superintendent. School vis- 
itation depends for its efficiency upon the manner in which 
it is performed. A stated formal visit does no good, and 
sometimes does harm. A short call, without an opportunity 
to learn anything of the real condition of the school, is useless. 

The visits should be quite unceremonious, unexpected to 
teachers and pupils, and the superintendent should, besides 
observing the routine of the school room, inform himself in 
regard to the progress and attainments of the pupils. He 
should examine classes in spelling, reading and writing, in 
preference to those in algebra, French, and rhetoric, and 
should show both teacher and scholars that he attaches 
more importance to those branches that constitute the foun- 
dation of education than to those, a superficial knowledge 
of which may be obtained by very, poor, scholars. The 
teacher's method of classification should be examined. It 
sometimes happens that scholars are hastily assigned to the 



109 

wrong class, and there allowed to remain for months, on ac- 
count of the indifference or ignorance of the teacher. If 
classes can be consolidated with advantage, that should be 
done, and the superintendent should feel that he, as well as 
the teacher, is responsible for the progress of every school 
in his county. 

By his visitation, and by the reports he may require of 
teachers, the county superintendent can do very much to 
secure the use and promote the efficiency of a course of 
study in all the schools. He should take pains to explain its 
use and advantages to teachers, and inspire pupils with am- 
bition to compass all the work prescribed in the course thor- 
oughly and creditably; excite emulation among different 
schools; examine classes to determine the progress they are 
making, and for promotions, and upon completion of the 
course; interest patrons and officers in this systematic and 
progressive work, and secure, if possible, their hearty co-op- 
eration, by aiding in securing punctuality and regularity in 
attendance. 

The school register should be examined, and if not kept in 
such a manner as to show classification and progress of all 
pupils, and such comments as will aid a successor in taking 
up and carrying forward the work of the school from the 
point of advancement reached during the term, as well as 
name, age, sex and daily attendance, such instruction should 
be given and such measures taken as will lead the teacher 
to keep it in proper form. The condition of the school li- 
brary, apparatus, maps, etc., should be ascertained and noted. 
The desk, blackboards, furniture, stove, windows, doors, 
wood-shed, fence, outhouses, ecc, should be inspected, and 
a report of the condition of the school, school-house, and 
surroundings, should be made to the district board in writ- 
ing. Such suggestions as are required may also be made. 

The district officers should be reminded of the annual dis- 
trict report, and the necessity of accuracy and promptness 
in making it should be enjoined upon them. The manner in 
which the district records and accounts are kept, should be 
made a subject of investigation, and if necessary, of advice. 
Attention should be given to the certificate of the teacher, 



110 

and if public money is* paid to teachers not qualified, the 
consequences of such disregard of law should be pointed out, 
and measures taken to prevent it. No person has a right to 
teach in a public school who does not hold the certificate of 
qualification required; no oflBcer has a right to pay a dollar 
upon an order in favor of such unqualified teacher; the clerk 
and director who draw the order are misappropriating pub- 
lic money, and the duty of the county superintendent is to 
prevent this unlawful practice. 

The superintendent should seek to remove difficulties 
growing out of changes in district boundaries, family ani- 
mosities, or dissatisfaction with the action of school officers. 
He should invite the people of the district he is visiting to 
meet him at the school-house, and should then address them 
upon the educational interests of their district. The address 
should be plain, pointed and pertinent. No adulation or 
flattery should be indulged in. The results of observation 
and examination should be given with such plainness as 
discretion and good taste will warrant. An effort should be 
made to instruct and improve rather than please. 

If practicable, a report of the condition of each school 
should be made in writing to the district board. Their at- 
tention should be particularly called to those things that 
are necessary for the comfort, health and progress of the 
children. The school register will furnish, if properly kept, 
facts that may be made the basis of calculations in regard to 
attendance, absence, irregularities, etc., that will be both 
interesting and instructive. It is also well to address a 
communication to the teacher, commending what deserves 
approval, and calling special attention to those things that 
need correction. 

INSTITUTES. 

It is made the duty of the superintendent to hold insti- 
tutes, and at least one should be held each year. Such 
preparation should be made as will secure a prompt and 
general attendance. A suitable room, well ventilated, 
properly warmed, and furnished with desks, blackboards, 
etc., is indispensable. By proper effort, the co-operation of 



Ill 

the people in the vicinity of the place where the institute is 
held may be secured. Care should be taken not to tax the 
hospitality of the people for the benefit of those not en- 
gaged in teaching, merely to swell the number in attend- 
ance. 

The notice for the institute should suggest to the teachers 
the necessity of bringing with them paper, pencils, note 
books, and such school books as may be required. 

Arrangements should be made for addresses, and if the 
superintendent deems it advisable, some prominent teachers 
may be secured to conduct the institute exercises. For some 
years past, the board of normal regents has granted aid to 
institutes out of the income of the normal school fund. If 
preferred, a conductor from one of the normal schools is 
furnished to take charge of the institute, if practicable. 

The programme should, if practicable, be published with 
the notice, and should be strictly adhered to during the 
time the institute is held. When a conductor is furnished, 
it is expected that he will follow the " syllabus," or general 
system set forth for the purposes of institute work. A por- 
tion of each session should be devoted to discussion, and the 
superintendent, or other conductor, should be prepared 
to answer such questions in regard to the school law and 
school matters generally, as the teachers may wish to ask. 
Punctuality, regularity, and good order should be main- 
tained, and an effort should be made to render the institute 
a model school in its methods of recitation, instruction, and 
general arrangement and management. 

The county superintendent should preside and conduct the 
exercises in part, at least. Careful attention should be given 
to the register and the gathering of the statistics required 
to be recorded therein. In all respects, the institute should 
be a well-ordered and business-like body, diligently doing 
its appointed work. No time should be frittered away in 
excursions, picnics, or parties. 

EXAMINATION DISTRICTS, AND PRIVATE EXAMINATIONS. 

To facilitate the examination of teachers, and to lessen 
the trouble and expense to them, the law requires inspection 



112 

districts, and due notice of the time and place of the exam- 
inations. It will be noticed that the law is so amended as 
not to require more than four inspection districts in some 
counties, and in others not more than three, according to 
the number of schools. 

Examinations should be public, that there may be no sus- 
picion of favoritism or neglect. The uniformity in ques- 
tions required is not an identity of the questions submitted 
to each candidate, which would generally be impracticable 
in regard to oral questions, and sometimes unadvisable as 
to the written ones; but an equality, through the county, in 
the difficulty of the questions propounded, and in the thor- 
oughness of the test to which the candidates are subjected. 

Before granting private examinations, the county super- 
intendent should always satisfy himself that the absence of 
an applicant from the public examinations was necessary 
and unavoidable. Although the certificates granted at 
special examinations are of short duration, yet the candi- 
date should not be less thoroughly examined than if pres- 
ent at a public examination. Private examinations are 
mostly or quite avoided, by some superintendents, by ap- 
pointing a supplementary examination late in the season. 
Good judgment will be required to avoid, on the one hand, 
too much easiness, and, on the other, an arbitrary exercise 
of power. 

V. REPORTS. 

As amended by Chapter 298, Laws of 1883, Chapter 155, Laics of 1889, and 
Chapter 370, Laws of 1889. 

Section 462. It shall be the duty of the district clerk be- 
tween the tenth and^fteenth days of July in each year, to 
make and transmit to the town, city or village clerk, a 
written report, dated on the tenth day of July of such year, 
signed by him and verified by his affidavit, showing: 

First. The number of children, male and female, desig- 
nated separately, over the age of four and under the age of 
twenty years, residing in the district, and the names of 
their parents, guardians, or other persons with whom such 
children resided, respectively, on the last day of June pre- 
ceding. But no such children residing in, held or cared for 



113 



athny charitable or penal institution of this state shall hA 
lufcluded m such enumeration or renort Anrl wK? 
tKe state superintendent shall receive^fnfornf^jLf^^^^^ 
sudi children have been enumerated in tTe^^^^^^ 

on thi ba"s''of.^.th""'"^^^- ^" '''' reportVmade to'h m 
^rww;,t. • ^^^^ apportionment of money from the 

becond The whole number of children malp nnrl f^ 
|. male designated separately, betweeHhe aie^of ^^^^^ 

Si h£iS^' '-*>'? ^&-''.'SXit. 

Swed ai y ww^f„'^'*^.f P,''"^ *° «^«h; and thi time 

Irf.i ft' amount received from tax voted by the distri r-t 
and the amount received from all other sources durinTthP 

number ofVhSdrL "^^i"^^ '^ embraced in suoli district, the 



11^ 

The changes made in this section, forbid the enumeration 
by district clerks of any child held or cared for in any char- 
itable or penal institution; and repeal the clauses making 
it obligatory to report the names of the text-books used, 
and some other minor items of schools affairs, heretofore 
arbitrarily required by the statute to be reported. 

Chapter 95, Laws of 1887. 

Section 1. That in addition to the duties of the clerks of 
the several school-districts of this state, relating to the tak- 
ing of the census of the school children, as now provided 
by law, the said clerks shall also report the names of the 
children in their respective districts, and the age of each of 
them over the age of four and under the age of twenty 
years. 

This very important change in the law will involve a 
large increase of labor and carefulness upon those who take 
the annual census of the school population, but is justified 
by the greatly increased amount of public money appor- 
tioned upon the basis of this census. School officers will 
find that the blanks for annual reports and the forms of 
affidavits sent out conform to the provisions of this act. 

Blank forms for the reports of district clerks are prepared 
by the state superintendent, with printed instructions in re- 
gard to the mode of filling them, and are transmitted 
through town clerks to district clerks. These blanks will, 
from time to time, require other information in addition to 
that specified in the above section, in order to enable the 
superintendent to lay before the legislature a full report of 
the educational affairs of the state. It is of the highest 
importance that the annual district reports should be 
promptly completed and deposited with the proper town 
clerk. Some explanations are given below in reference to 
the foregoing subdivisions. 

The school year begins on the first day of July, and ends 
on the last day of June. 

The law requires that the names of parents or other per- 
sons, with whom children to be enumerated reside, shall be 
written. The greatest care must be exercised in taking the 



115 

census of the school children of the district. School money 
is apportioned on this census. 

For remarks on residence, see commentary on sections 
428 and 430. Mere hoarders or lodgers are not to be included 
in the enumeration of pupils, for they are presumed to be- 
long to families residing in some other district of the state; 
but persons who pay for their board and lodging by devot- 
ing a part of the day to work, in the service of the household, 
while the rest is spent in attendance at school, and tvlio have 
no other legal residence, are considered as constituting 
members of the family with whom they reside. It must be 
borne in mind that the enumeration of one year is the basis 
of the apportionment of the next, and hence, children 
should be enumerated in the district that is bound to furnish 
them instruction, that such district may receive an appor- 
tionment on their account, and care should be taken that 
the same children are not enumerated in two districts. (See 
remarks on section -430, under subdivision 12.) 

Those children whose parents do not reside in this state, 
should be included in the school census, provided such 
children reside in a family of a district, and not in a mere 
boarding school or other establishment for the purpose of 
education. Children in an orphan asylum are deemed the 
wards of the incorporated association that has them in 
charge, and are not to be included in the enumeration. 
Children supported at public charge require a residence in 
the district where thus supported, and are to be instructed 
in such district. The law relating to this subject is section 
512. 

All persons more than four and less than twenty years of 
age, although themselves the masters or mistresses of fam- 
ilies, are to be enumerated. 

The whole number of children who have received instruc- 
tion from legally qualified teachers since the first day of 
July of the year preceding, is to be stated, without regard 
to the fact of their attendance having been long or short, or 
of their parents having been residents or non-residents. 

It is to be hoped that the annual reports will show few in 
attendance at school less than four years of age. All that 



116 

children need to learn before they are six years of age 
ought to be taught them at home. 

It is required that the whole number of days a school has 
been taught by a qualified teacher be stated, in order that 
the town clerk may apportion money to such districts only 
as have complied with the law. A district, to be entitled to 
share in the annual apportionment of the income of the 
school fund, must maintain a school at least six months of 
twenty days each, including legal holidays, and such school 
must be taught by a legally qualified teacher. 

The legal holidays in this state are New Year's day, the 
twenty-second of February, the thirtieth of May, the fourth 
of July, the day of general (or fall) election, Christmas day, 
and all days of thanksgiving which are appointed by na- 
tional or state authority. By section 2577 of revised statutes 
it is provided, that whenever a legal holiday shall fall upon 
a Sunday, the succeeding Monday is a legal holiday. See 
comment on section 459. 

Themonthly wages paid to a teacher includes all expenses 
incurred by the district on his account for board. If the 
district boards the teacher, the cost of board is to be added 
to the amount of monthly pay, and the sum of the two items 
constitutes his monthly wages. 

For directions in regard to making the annual report, 
the clerk will carefully study the blanks which are fur- 
nished by the state superintendent. In case a clerk fails 
to receive the blanks needed in time to make his annual re- 
port as required by law, he should, without delay, notify 
the state superintendent of the fact, that they may be sent. 

The clerk of a joint school-district must report to the town 
clerk of each town, a part of which is embraced in his dis- 
trict, upon a partial report blank furnished for that purpose, 
the number of children, male and female designated sepa- 
rately, over the age of four and under the age of twenty, 
residing in that part of the district lying in the town to the 
clerk of which the report is sent. Care should be taken not 
to report to any town clerk a greater number of children 
over four and under twenty years of age than reside in that 
part of the district lying within his town. In some instan- 



117 

ces, the whole number of children in a joint district is re- 
ported to each town clerk, causing the district to receive 
more than its share of school money distributed. This 
should be carefully avoided. 

He must also report to each town clerk whose town em- 
braces any part of the district, upon the partial report blank, 
the number of days a school has been taught in his district 
by a legally qualified teacher during the year covered by the 
report. This is obviously necessary to enable the town clerk 
to determine whether he can legally apportion money to 
the district. 

In addition to the foregoing items, the clerk of a joint 
school-district will report all the other items called for in 
the general blank, to the clerk of the town containing that 
part of the district in which the school-hcuse is situated. 

As amended by Chapter 298, Laws of 1883, and Chapter 156, Laws of 1889. 

Section 463. Each town clerk shall, on or before the first 
day of August in each year, make and transmit to the 
county superintendent of the county or district in which 
his town is situated, a report, bearing date on the tenth 
[first] day of said month, stating: 

1. The whole number of school-districts separately set 
off within the town, and the number of parts of joint dis- 
tricts in which the school-houses belonging thereto are lo- 
cated in his town. 

2. The districts and parts of districts from which reports 
shall have been made within the time limited for that pur- 
pose. 

3. The length of time a school shall have been taught in 
each such district or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty years residing in each. 

6. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, 
setting forth separately, the amount received from the state, 
through the county treasurer, the, amount levied by the 
county board, the amount raised by the town at its annual 
meeting, in towns where the townsJiip system of school 
government has been adopted. 

7. The amount of money raised by district tax for school 
purposes. 

9— S. C. 



118 

8. The nianner in which said moneys have been ex- 
pended, and whether any and what part remains unex- 
pended, with such other information as the state superin- 
tendent may require, and as may be reported to him by the 
district clerks. 

Blank reports, prepared by the state superintendent, are 
annually sent to town clerks. Such instructions as are 
needed always accompany the blanks. 

In towns which have adopted the "township system of 
school government," the report required in the foregoing 
section will be made by the ''secretary of the town board 
of school directors," as provided in section 537 of the re- 
vised statutes, upon the same blanks which are used by 
town clerks in other towns. 

As amended by Chapter 298, Laws of 1883, and Chapter 154, Laivs of 1889. 

Section 464. Each county superintendent shall, on or 
before the fifteenth day of August in each year, make and 
transmit to the state superintendent a report in writing, 
setting forth the whole number of towns in his district, 
distinguishing those from which the required reports have 
been made to him by the town clerks, and containing an ab- 
stract of their reports, and also containing an abstract of the 
annual report of the secretary of each free high school in 
such district, and of each secretary of town board of school 
directors of towns having the township system of school 
government, and of the clerk of each incorporated village 
and cit}^ under his supervision. Each county superintend- 
ent shall also, within the time above mentioned, make and 
deliver to the county clerk and to the county treasurer, a 
written statement of the whole number of children in each 
town, village and city under his supervision over the age 
of four and under the age of twenty years returned from 
districts which have maintained schools for six or more 
months during the past year, as appears from the reports 
of town clerks. 

The county superintendent must now make his annual 
report by August 15, but is no longer required to file a copy 
with the county clerk. 

All necessary instructions accompany the blanks annually 
furnished to county superintendents from die office of the 
state superintendent. The greatest case should be exercised 
in making the annual report required by section 464, for it 
is upon this that the annual apportionment is made. 



119 

Section 465. The city clerk of each city, and the village 
clerk of each specially incorporated village, or the clerk of 
the board of education of each city and village under the 
jurisdiction of the county superintendent, shall, within the 
time prescribed, make and transmit to him the reports re- 
quired by section four hundred and sixty-three; and in all 
cities having a superintendent of schools, and which are not 
under the jurisdiction of a county superintendent, such 
superintendent of schools shall make the annual report re- 
quired by said section, directly to the state superintendent; 
and in such cities having no superintendent of schools, such 
report shall be made by the clerk of the board of education 
thereof. 

The clerks of cities (under county superintendents) and of 

villages use the same blanks as town clerks, and receive 

the reports of the district clerk or clerks. 

Section 466. The state superintendent shall, on or before 
the first day of June in each year, furnish to each clerk, 
superintendent, or other officer by whom a report should be 
miade, blank forms upon which such officers shall make 
their annual reports; and whenever any amendments shall 
be made to the provisions of this chapter, he shall furnish a 
copy of such amendments to every school-district in the 
state. 



VI. DUTIES OF TOWN CLERK AND TREASURER 

Section 467. It shall be the duty of the town clerk: 

1. To report to the county superintendent within ten days 
after his election or appointment his name and post-office 
address, and likewise the name and post-office address of 
-each district clerk, within ten days after the same are filed 
in his office. 

2. To see that the annual reports of the several district 
clerks are made correctly and in due form; to file and safely 
keep all reports whatsoever made to him; and all orders 
and notices of the town board relative to any school- 
district. 

3. To record such description of school-districts, and such 
orders concerning the organization, alteration, or dissolu- 
tion thereof, as shall be made by the town board. 

4. To make and keep in his office a map of the town, 
showing the exact boundaries of all the school-districts 
therein, as appear from the records on file; and when a new 
district is formed, to make and furnish a map thereof to the 
district clerk. 

5. To apportion the school money collected by the town, 
on the third Monday of March, and that received from the 



120 

state on the third Monday of June of each year, or as soon 
thereafter as the same shall be collected or received by the 
town treasurer, to the several districts and parts of districts, 
within the town, as provided in these statutes.* 

The duties here devolved upon the town clerks have an 
intimate connection with the welfare of the public school 
system, but need no special comment other than that in the 
election of town clerks the electors will do well to select 
persons, if practicable, who are not only competent to per- 
form clerical duties efficiently, but who take a deep interest 
in the public school system. 

The further duties of the town clerk as to the apportion- 
ment of school money, are embraced in sections 558 and 559. 

Section 468. It shall be the duty of the town treasurer: 

1. To apply for and receive from the county treasurer all 
moneys apportioned for the use of common schools in his 
town, and to pay the same, together with all the moneys- 
collected in the town for the support of schools, to the 
treasurers of the districts entitled to receive them, upon the 
order or apportionment of the town clerk. 

2. To pay the district treasurer on demand all school-dis- 
trict taxes raised in each district, and collected by him, and 
the amount of all school-district taxes returned to the county 
treasurer of his county as delinquent, whenever the same 
shall have been paid to him by said county treasurer, or 
whenever he shall receive credit from the county treasurer 
for such delinquent tax or any part thereof, on account of 
any demand or claim due from such town to such county. 

3. On or before the second Monday of March in each year, 
to certify to the town clerk the amount of school money in 
his hands, to be apportioned by said clerk, and immediately 
upon the receipt of any money from the school fund income, 
to certify the same to the said clerk for apportionment, f 

4. On the last Monday in June in each year, to make and 
forward to the clerk of each school-district, in whole or in 
part, in his town, a certified statement of the amount of 
money paid by the town treasurer during the year next pre- 
ceding, to such district treasurer, specifying the date and 
amount of, and the account upon which each such payment 
was made. 

5. If the county treasurer shall neglect or refuse to pay 
over the school money, which by law should be paid to the 
town treasurer, he shall commence and prosecute an action 
on the official bond of such county treasurer for the reco v^- 
ery of such money. 

• / 

* See Form No. 26. f See Form No. 27. / 



121 

The town treasurer will hold, subject to the order of the 
several district treasurers of his town, all district taxes col- 
lected by him. Also, all money raised by taxes levied upon 
the town by the county board of supervisors, and all money 
raised by the town in addition thereto, and pay the same 
over to the several district treasurers, according to the ap- 
portionment made by the town clerk under the law. He 
will also receive from the county treasurer the amount 
apportioned by the state superintendent to his town, 
out of the income of the school fund, and pay the same 
over to the district treasurers according to the appor- 
tionment made by the town clerk. The town treasurer will 
also receive all money paid on account of delinquent taxes, 
and pay the same over to the proper district treasurers. No 
school taxes except district taxes will be returned, if the law 
is complied with. 

It is the duty of the town treasurer to notify the town 
clerk of any money which he holds subject to apportion- 
ment by said town clerk, and to inform district treasurers 
promptly of any funds in the town treasury belonging to 
the respective districts. 

District treasurers are not required to accept any taxes or 
school funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the sec- 
ond Monday in March, in each year, must state specifically 
the several amounts received from town and county tax, 
and the amount of income unapportioned which remains in 
the town treasury; it must also include any money ap- 
portioned the previous year, which has not been paid over 
to the district treasurers. Reference is here made to sec- 
tion 557. 

The purpose of the certified statement to the district clerk 
of the amount of money paid by the town treasurer during 
the year next preceding, to the district treasurer, is to give 
the district clerk the data upon which settlement with the 
district treasurer can be made in time for report at the an- 
nual meeting. As the annual meetings are now held on the 
first Monday in July, the statement should be furnished 
earlier. 



122 



VII. DISTRICT TAXES. 

Section 469, All school-district taxes, unless otherwise 
specially provided by law, shall be assessed on the same 
kinds of property as taxes for town and county purposes;, 
and all personal property which, on account of its location 
or the residence of its owner is taxable in the town, shall, 
if such locality or residence be in the school-district, be like- 
wise taxable for school-district purposes. 

Section 470. Whenever any real estate in any school-dis- 
trict shall not have been separately valued in the assess- 
ment roll of the town, and the valuation of such real estate 
cannot be definitely ascertained from such assessment roll, 
the town clerk shall estimate the value of the same in pro- 
portion to the valuation affixed in said assessment roll to the 
whole tract of which such lot or piece of land forms a part. 

Section 471. In case of a joint district, the town assessors. 
of the towns in part embraced therein shall meet at the dis- 
trict school-house on or before the Saturday next preceding- 
the time fixed for the return of the assessment rolls, and 
shall then compare the valuation of taxable property in the 
several parts of such district separated by town lines, and 
determine whether the relative valuation be just or not; if 
considered unjust, they shall then determine the relative 
proportion of district taxes to be assessed upon the several 
parts. If they cannot agree upon either of said matters, 
they shall call to their aid the supervisors of the several 
towns so in part embraced; if the assessors and supervisors 
cannot determine the question, they shall call to their aid 
the chairman of an adjoining town, whose vote shall decide 
the controversy. The determination when made shall be 
certified in writing to the district clerk. If any assessor or 
supervisor shall refuse or neglect to act when called on as. 
above provided, he shall forfeit twenty dollars.* 

Several sections are here brought together by the revisers 
from different parts of the former school code, which should 
be carefully examined by the officers concerned. 

As amended hy Chapter 241, Laws of 1885. 

Section 472. Bach district clerk shall, on or before the 
third Monday of November in each year, deliver to the town 
clerk a statement in writing verified by his affidavit, show- 
ing the amount of taxes voted to be raised at the last an- 
nual meeting, or at the first meeting after^the organization 
of the district, or both, as the case may require, and all 
taxes voted at any special meeting held during the then 

* See Form No. 29. 



123 

next preceding year, and also the amount of tax thereto- 
fore voted to be collected in such year, if any, for the an- 
nual payment on any loan, and also the amount to be paid 
by such district, if any, under the provisions of section four 
hundred and twenty-one. In case of a joint district, he 
shall deliver to the town clerk of each town in which any 
part of the district is situated, a statement so verified, 
showing the proportion of such taxes to be assessed in that 
part of the district within such town. If such proportion 
shall not have been determined as provided in the last pre- 
ceding section, it shall be ascertained from the valuation 
contained in the last assessment rolls of the respective 
towns; and to that end the town clerk of each such town 
shall on or before the last Monday in September in each 
year, deliver to the district clerk a certified statement of 
the valuation of the real and personal property in that part 
of such district lying within his town, as the same appears 
from said assessment roll, f 

Chapter 305 of the general laws of 1881, changed this 
section so as to require each district clerk to deliver his 
statement to the town clerk on or before the last Mon- 
day of October in each year; the revision of the statutes 
changed it to the" third Monday. The section as now 
amended, restores the section as originally enacted in the 
statutes of 1878, in that particular, and changes the provis- 
ion relating to the time when town clerks shall furnish dis- 
trict clerks of joint districts a statement of the valuation of 
property in the district, or part of district, to "on or before 
the last Monday intSeptember." 

Section 473. The town clerk shall assess the taxes so as- 
certained, upon the property liable thereto, placing the same 
in a separate column, in the next tax roll of his town, when- 
ever so certified before he shall have delivered the roll to the 
town treasurer for collection, although after the third Mon- 
day in November; if any such shall not be assessed in the 
next tax roll after being voted, it shall be assessed in that 
of the next succeeding year. Such taxes shall te collected 
or returned delinquent by the town treasurer and collected 
by the county treasurer in all respects like other taxes. 

Upon the delivery to him of such statement, the town 
clerk should give the district clerk a certificate that he has 
received the same, stating the amount of the tax, and the 
time when received, which certificate should be filed in the 
office of the district clerk. 

fSee^^^Forms Nos. 30 and 31. 



124 



TOWN SCHOOL TAX. 



Only those town s which have adopted the township system, 
no w have power to vote a town school tax. This power was 
given to all towns, under section 2, of chapter 15, of the re- 
vised statutes of 1858. It was also embodied in section 76, 
of the revised school code of 1863. In 18'^6, the power was 
eliminated from section 2, of chapter 15, of the revised stat- 
utes, but section 76, of chapter 155, of 1863, was left unal- 
tered. In the statutes as newly revised, no authority is to be 
found, either in the powers conferred upon towns, or in the 
school code, under which towns can vote a school tax, ex- 
cept such towns as have adopted the township system. This 
is much to be regretted, as such a tax tends to equalize the 
burden of sustaining the schools of a town, which is espe- 
cially desirable, where wealth and population are unequally 
distributed. With the general introduction of the township 
system, the local support of schools would be a common 
town charge. Care should be taken not to include in the 
blank for report, in the financial statement of district clerks, 
the amount raised in the town as a county school tax in the 
item " From tax levied at annual town meeting." That item 
is for use only where the township system of school govern- 
ment is in use. 



VIII. BORROWING MONEY. 

Section 474. Whenever upon any unusual exigency any 
school-district shall, before the annual meeting, vote a spe- 
cial tax to be collected with the next levy, the district may, 
by vote, authorize the district board to borrow, for a 
period not exceeding one j^ear, a sum not exceeding the 
amount of such tax, and by such vote set apart such tax 
when collected to repay such loan; and thereupon, the dis- 
trict board may borrow such money of any person, and on 
such terms, and execute and deliver to the lender such obli- 
gation therefor, and such security for the repayment, in- 
cluding a mortgage or pledge of any real or personal prop- 
erty of the district, subject to the directions contained in 
the vote of the district, as may be agreed upon, and not 
prohibited by law. 



125 

It will be seen that sections 64 to 75 inclusive, of the for- 
mer school code, are omitted, from the revision, and the pre- 
ceding section put in their place. The district may, at any 
time before the annual meeting, upon any unusual exigency, 
vote a special tax to be collected with the next levy (notice 
of such purpose being duly given, as provided in section 
427), and the district may authorize the board to borrow the 
same amount for immediate use. 

Section 475. For the purpose of aiding in the erection of 
a school-house, any school-district may, by vote at an an- 
nual or lawfully called special meeting, authorize the dis- 
trict board to borrow money. The resolution to be voted on 
shall be in writing, specifying the amount to be borrowed, 
the rate of interest, and the time and manner of payment, 
which shall be in annual installments, the last of which 
shall be payable in not exceeding ten years from the first 
day of February next ensuing. Such resolution shall be 
read to the meeting and the vote taken thereon by ballot. 
The ballots shall be written or printed; those in favor, " for 
the loan;" those opposed, " against the loan. " The resolution 
and the vote shall be recorded, and if adopted by a majority, 
the district board shall be thereupon authorized to borrow 
such sum of any person, on such terms, and execute and de- 
liver to the lender such obligation therefor and such security 
for payment, including a mortgage or pledge of any real or 
personal property of the district, subject to the direction 
contained in the resolution voted, as may be agreed upon, not 
prohibited by law, and shall also levy a tax to be annually 
collected thereafter, sufficient to pay the interest annually 
on such loan, and the annual installment of the principal 
provided to be paid in each year. 

Section 476. The money borrowed under authority of 
either of the last two preceding sections shall be paid into 
the district treasury, and be expended only for the purposes 
for which it was voted or borrowed. After any such loan 
shall have been made, no power shall exist to rescind or re- 
consider any such vote, or obstruct the collection of such 
tax; and the district treasurer shall apply every such tax 
when received by him, exclusively to the payment of such 
debt so far as necessary to discharge the amount to which 
such tax was devoted, 

The special provisions of the law as to borrowing money 
to aid in building a school-house, should be carefully exam- 
ined and complied with; likewise those contained in the last 
preceding section, which apply to both the sections preced- 
ing it. Particular care should be taken to notify the elect- 



126 

ors, as provided in section 427, and every opportunity 
should be given for a fair and full expression of the will of 
the people. 

LOANS FROM THE TRUST FUNDS. 

Section 258 of the revised statutes authorizes the commis- 
sioners of school and university lands to make loans from 
the trust funds of the state to school-districts for the pur- 
pose of erecting school buildings therein. Application may 
be made to the Land Commissioners, at Madison , for infor- 
mation, blanks, etc. 

The law govering such loans is embraced in the following 
sections : 

As amended by Chapter 541, Laivs of 1887. 

Section 261. Every loan to a school-district may be made 
for such time, not exceeding ten years, and of such amount, 
which, together with all other indebtedness of such district 
shall not exceed five per centum of the last preceding as- 
sessed valuation of the real property in such district, and 
not exceeding in any case ten thousand dollars, as may be 
agreed upon; the principal shall be payable in equal annual 
installments from a time fixed by said commissioners, with 
interest at the rate of six per centum annually in advance. 
No such loan shall be made until proof be filed in the office 
of said commissioners, of the complete performance on the 
part of such district of each and every act hereinafter re- 
quired to precede the same; provided, that the amendment 
herein contained shall not apply to loans heretofore made. 

Thapter 279, Laws of 1889. 

Section 1. The commissioners of public lands of the 
state of Wisconsin are hereby authorized and empowered 
to loan the trust funds of the state at a rate of interest not 
less than five per centum per annum; provided, all such 
loans shall be made in accordance with the provisions of 
chapter 17 of the revised statutes and the several acts 
amendatory thereof.^ 

B '^s amended by Chapter 393, Laws of 1889. 

Section 262. Before applying for such loan, every school- 
district shall authorize such application by a vote of a ma- 
jority of the legal voters of said district voting on such 
question; and if at a special meeting, the object of such 
meeting shall be clearly stated in the notice thereof, and 



127 

such district shall not thereafter rescind said tax, recon- 
sider such vote, or in any wise hinder, delay or postpone 
the levy and collection of the tax §o voted, and shall not 
expend the money so raised or loaned for any other pur- 
pose. Application for such loan shall be made by the dis- 
trict board of such school-district in writing, stating the 
amount required, the assessed valuation of the taxable 
real property of such district, and the total assessed valua- 
tion of the taxable property of such district as shown by 
the last assessment roll; and if such district be a joint dis- 
trict, such assessed valuation in its several parts separately, 
so that the valuation of so much thereof as lies in each 
town of which it is a part may be readily known; and the 
total amount of all the other indebtedness of such district 
and the facts in detail in respect to the holding of the meet- 
ing and passing the votes required as aforesaid, and shall 
be accompanied by a correct map or plat of such district. 
Such application and map shall be recorded in the office of 
said commissioners; and such application and the record 
thereof and such statement shall be conclusive evidence of 
the facts therein stated. All such applications shall be 
acted upon by the said commissioners in the order of time 
in which they shall be filed. 

By this amendment the clause requiring school-districts 
before obtaining a loan to vote a tax equal to one-half of 
the amount of the loan asked for, to be collected within two 
years, and to be used in addition to the amount borrowed 
for building purposes, is repealed. This, together with the 
reduction of the rate of interest upon trust funds to five 
per cent, per annum, provided for by anocher statute, en- 
ables school-districts to borrow money for building pur- 
poses upon very favorable terms. 

Section 263. All the taxa.ble property in any school-dis- 
trict which has heretofore obtained or shall hereafter ob- 
tain any loan from the state, shall stand charged for the 
payment of the principal and interest thereof; and the 
boundaries of such district shall not be so altered as to ex- 
clude therefrom any land included therein at the time of 
making such loan, until such loan shall be fully paid, with- 
out the consent of said commissioners and upon such terms 
as they shall prescribe; and there shall be annually levied 
upon the taxable property of such district, besides all other 
taxes, a tax sufficient to pay the annual interest, and an- 
nual installments of principal, of such loan as herein- 
after provided. Whenever a joint school-district shall 
make any such loan, the clerk of such district shall notifv, 
in writing, tlie town clerks of the several towns of which 



12S 

such district is composed, of such loan and the terms 
thereof; and thereafter the town clerk of each town 
shall, on or before t|ie second Monday of September 
in each year, until such loan be paid, transmit to 
the secretary of state a statement certified by him 
of the valuation of all taxable property belonging to 
that part of such district which lies in his town, according 
to the last assessment roll: or if the same shall have Ijeen 
equalized, as provided in section four hundred and seventy- 
one, such equalized valuation thereof. The secretary of 
state shall in every year furnish to the county clerk of each 
county in which lies any such school-district, or part of dis- 
trict, from which any such payment is to become due, the 
amount to be levied upon such district, or, if a joint district, 
upon each such part of such district as lies in any town in 
such county, at the same time as he furnishes that officer a 
statement of the state tax. In apportioning such tax to the 
parts of a joint school-district lying in separate towns, the 
secretary of state shall take, as the true valuations, the val- 
uations of the taxable property stated in the application for 
such loan, until amended by the certified statements afore- 
said of the town clerks of all the towns in which such joint 
district lies. The county clerk on receiving such statement 
shall include the amount due from such district, or part of 
district, in his apportionment of state taxes to the town: but 
it shall be carried out in a separate colunm, and the district 
from which it is due shall be specified. The town clerk 
shall charge and carry out such amount on his tax roll to 
the district, or part of the district to which it belongs in a 
separate column, and the tax shall be collected and paid 
.over with and in the same manner as the state tax. 

/y 7 V <^ Chapter 331, Laws of 1887. 

Section 1. Any school-district may, by vote at an annual 
or lawfully called special meeting, authorize the district 
board to borrow money for the purpose of refunding its in- 
debtedness upon loans previously made. A written resolu- 
tion shall be presented and read at such meeting specifying 
the amount to be borrowed, the rate of interest and the time 
when each installment of principal shall be paid and the 
amount of each installment: the last installment or princi- 
l^al, however, shall be payable in not exceeding twenty years 
from the time the indebtedness was originally contracted. 
The vote on such resolution shall be taken by ballot. The 
legal voters favoring the adoption of such resolution shall 
cast a ballot on which shall be the words, "for the loan:" 
those opposed shall cast a ballot on which shall be the words, 
" against the loan." If a majority of the votes cast are in 
favor of the loan, the district board shall be thereupon au- 

•1) 



129 

thorizecl to borrow such amount from any person or persons 
on such terms as may be agreed upon, not in conflict with 
the directions contained in such resolution and not prohib- 
ited by law; and the board shall execute the bonds or other 
obligations of the district, in such sums not exceeding the 
amount so voted as to the board shall seem best, and deliver 
the same to the person or persons lending such money. The 
district shall also levy a tax to be collected annually there- 
after sufiicient to pay the annual interest on such loan, and 
the installments of the principal to be paid in any year. 

Section 2. After any such loan shall have been made, 
such vote shall not be rescinded or reconsidered, nor shall 
the collection of such tax be obstructed, and the tax when 
collected shall be applied exclusively to the payment of 
such indebtedness. 

Section 3. The money borrowed by authority of this 
chapter shall be paid into the district treasury, and shall be 
expended solely for the purpose for which it was borrowed. 

This law relates only to refunding loans previously made, 
not to loans made in the first instance by school-districts, 
and authorizes such districts to extend the period for twenty 
years during which the loan is to be paid. 



IX. ESTABLISHMENT OF SCHOOL-HOUSE SITES. 

Section 477. Whenever a school-district shall have des- 
ignated by a majority vote of the electors thereof present at 
an annual meeting, or at a special meeting called for that 
purpose, a school-house site, or an addition thereto, and 
shall be unable to obtain the same on account of the refusal 
of the owner to sell or lease the same for a just and reason- 
able compensation, or on account of his being a non-resi- 
dent, or unknown, the district board, when directed so to 
do by a vote of the electors of such district meeting, shall 
make application to the town board of their town to locate 
and establish the site, or any addition thereto, so desig- 
nated. • 

Section 478. Whenever any such application shall be 
made to the town board, said board shall make and sign a 
notice in writing of such application, containing a descrip- 
tion of the land upon which it is proposed to locate such a 
site or addition, and the time and place when and where 
they will meet to decide upon the same. Such notice shall 
be served or caused to be served by the district clerk, upon 
all the occupants of such land, and all the owners thereof 
who are known and are residents of this state, at least six 
days previous to the day fixed for such meeting. Such no- 
tice shall be served by delivering a copy thereof to each 



130 

such occupant and owner, or by leaving the same at their 
respective residences, with some person of suitable age and 
discretion: and if the owner or owners of said land be 
unknown to said board, or shall reside M'ithout this state, 
then such notice may be served by publishing the same in 
the newspaper published nearest said land, once in each 
week for six successive weeks next before the said day of 
meeting. 

Section 479. The town board shall meet at the time and 
place fixed in said notice, and upon due proof of the service 
or publication of said notice, they shall locate and establish 
such site or addition for said district. They shall cause an 
accurate survey and description thereof to be made, and fix 
and award the compensation to be made to the respective 
owners for the same, including all damages respectively 
sustained by such owners by reason of such taking of said 
lands, and within ten days thereafter make out and sign 
duplicate certificates, containing a statement of their action 
upon such application, an accurate description of the land 
taken, and the amount of compensation and damages 
awarded to each of said owners, one of which shall be de- 
livered to the occupant or owner of the lands so taken, if 
known, and a resident of this state, and the other, together 
with the proofs of publication or service of said notice and 
such survey, to the clerk of said district, who shall cause 
said certificate to be recorded in the office of the register of 
deeds of the proper county; provided, that said board may, 
in their discretion, before agreeing upon their award, ad- 
journ from time to time, not exceeding in all ten days. 

Section 480. The sum of money so awarded by said board 
shall be paid to the owner of the land upon which such site 
or addition is located, or in case the owner is a non-resident 
or unknown, or refuses to accept the money, it shall be de- 
posited with the treasurer of the district, to the order of the 
owner of said land; said district shall not occupy said land 
without the consent of the owner thereof, until such money 
shall be paid, tendered, or deposited, as aforesaid. 

Section 481. Any person aggrieved by the decision of the 
town board, in the award of damages or otherwise, may, 
within twenty days after filing their duplicate certificate with 
the clerk of such district, appeal therefrom to the circuit court 
of any county in which such site or addition or any part 
thereof is situated, by filing with such clerk a notice of appeal, 
specifying all the grounds of his appeal, and paying to such 
clerk one dollar for state tax and one dollar for making return 
thereto. Within twenty days thereafter, such district clerk 
shall deliver to the clerk of said circuit court a certified copy 
of such certificate, together with such notice of appeal, with 
the date of service thereof indorsed thereon, and pay to him 
one dollar state tax; and thereupon the clerk of said court 
shall enter an action in his court record, in which the said 



131 

appellant shall be plaintiff and the school-district defend- 
ant. The issues in said action shall be the legality of all 
the proceedings taken by the school-district and town board 
in taking the lands of the plaintiff for such school-house 
site or addition thereto, which are set forth in the notice of 
appeal as grounds therefor, and the amount of compensa- 
tion and damages to which he is entitled therefor. Such 
issues shall be tried without further pleadings as other is- 
sues of fact are tried, and judgment thereon be rendered 
and enforced as in other personal actions in said court; pro- 
vided, that when the legality of the proceedings is not made 
an issue, or is sustained, and the plaintiff does not re- 
cover a larger sum for damages than was awarded to him, 
he shall not recover, but shall pay costs. 

Section 482. No school-house site shall contain more 
than one acre, unless with the consent of the owner of the 
land taken therefor. All land so taken against the will of 
the owner, when it shall cease to be used as a school- 
house site or addition, shall revert to the original owner, 
his heirs, or assigns, and no lands shall be so taken that 
may not be taken for highway purposes, without the con- 
sent of the owner thereof. 

Sectiox 483. If such application be made by a joint dis- 
trict, it shall be made to the town boards of the several 
towns in which such district is situated, and such town 
boards shall act together as one board in all proceedings 
as hereinbefore prescribed. 

Section 484. Whenever any school-district shall locate a 
site for a school-house upon any land owned by an infant, 
or in which an infant has an interest, the circuit or county 
court of the county in which the land is situated, may, upon 
application of the parent or guardian of such infant, author- 
ize such parent or guardian to execute a perpetual lease of 
such site, not exceeding one acre in quantity, and when any 
such land is held in trust for an infant, his trustee may in 
like manner apply for authority to make such perpetual 
lease. All such leases shall vest in the lessee the interest of 
such infant and of his trustee in such land, so long as the 
same is occupied for school purposes. Such authority shall 
not be granted unless it shall be made to appear satisfac- 
torily to said court that the premises are needed for school 
purposes, that the said school-district is willing to pay there- 
for a consideration deemed adequate by the court, and that 
the interest of such infant will not be prejudiced by reason 
of said lease; and before making such order the court shall 
require the person authorized to make such lease to give a 
bond to account for and pay over the consideration received 
therefor, as in cases provided by law for the sales of lands 
of minors. 

The foregoing sections embody the laws in force as to the 

establishment of school-house sites. The town board is to 



132 

be called upon, not to select or designate a site in any case^ 
but to locate and establish the same, or any addition thereto, 
when the district cannot obtain it on reasonable terms, or 
because the owner is a non-resident. 

The last section points out the course to be pursued when 
the site selected is on land owned by an infant, or in which 
an infant has an interest. 



X. LIBRARIES. 

The two sections immediately following constitute the 
school-district library law. Very few school-districts have 
provided for libraries under this law, and most of those 
which have undertaken to do so, have found the effort un- 
satisfactory. The system of public school libraries by the 
law of 1887, amended in 1889, has proved far more efficient, 
and better adapted to the needs of schools. However, as 
this law has not been repealed, it is retained here, and also 
the regulations relating thereto. Following this is the later 
law, to which attention is particularly directed. 

Section 485. The clerk of the district, or such other pei*- 
son as the legal voters shall appoint, shall be the librarian, 
and have the care and custody of the district library, under 
the supervision of the district board. All actions relating 
to such libraries, or for the recovery of any penalties law- 
fully established in relation thereto, shall be brought in the 
name of the proper school-district. 

Section 186. The legal voters of any two or more adjoin- 
ing school-districts may, with the approval of the town 
board, unite their libraries and library money, and may 
purchase a joint library or additions thereto for such dis- 
tricts, to be selected by the district boards thereof or by such 
person as they shall designate, and to be under charge of 
librarians to be appointed by such district boards. Every 
such joint library and its appurtenances shall be vested in, 
and all actions relating thereto shall be brought in the 
names of all the districts owning such joint library. In 
case such district shall desire to divide any such joint li- 
brary, such division shall be made by the directors of the 
districts owning the same, or by the town supervisors, if 
such directors cannot agree; and any school-district 
may donate and sell any book or books belonging to the 
district library, to the town in which it is situated, to form 
a part of the town library. 



133 



REGULATIONS. 

The following regulations for the management of school- 
district libraries, are prescribed by the state superintend- 
ent, under the authority of section 166 of the revised 
statutes : 

1. The district librarian shall have charge of the library, 
and keep a catalogue of all the books in the library under 
his care, in a book to be provided by the district for that 
purpose. 

2. Every volume in a library shall have pasted on the in- 
side of the cover a printed paper, specif ying the name of the 
district; the number of the volume; the fine for not return- 
ing it within the specified time, and for the loss of or injury 
to any book. Blanks for this purpose vvill be furnished to 
districts upon application to the state superintendent. 

3. Every volume loaned shall be entered by the librarian 
in a book, to be provided by the district for that purpose, by 
its number, with the day on which it was loaned; the name 
of the borrower, and the name of the person to whom it is 
charged^ (see regulation 5); the date when returned, and con- 
dition of the book; the fine assessed for detention, or injury 
done to the book, in the following form: 



Time 

of 

delivery. 


Number 

of 

book. 


To whom 
delivered. 


To whom 
charged. 


When 
returned. 


Condition 
of 

book. 


Fine 

for 

detention. 


Fine 

for 

injury. 


1890. 
June 10... 


41 


Jno. Ward. 


W. Green. 


June 34 


Good. 













4. No person shall be allowed to have more than one 
volume at a time, or to retain the same longer than two 
weeks; nor shall any person who has incurred a fine imposed 
by these regulations, receive a book while such fine remains 
unpaid. 

5. Books may be loaned to minors and charged to their 
parents, guardians, or other persons with whom they re- 
side, who shall be responsible fey the books under these. 
regulations. 

10— s. c. 



134 

6. On the election of a librarian, his predecessor shall, 
within ten days thereafter, deliver to him all the printed and 
manuscript books, pamphlets, papers, cases, and all other 
property belonging to the library which are in his custody, 
for which the librarian shall give him a full receipt, dis- 
charging him from all responsibility therefor, except in the 
case herein provided; and on receiving the library property, 
the librarian shall carefully examine all books, etc., and if 
any loss or injury shall have been sustained, for which a fine 
has not been imposed by his predecessor; or for which a fine 
has been imposed and not certified by him to the treasurer, 
the librarian shall certify the amount thereof to the treas- 
urer, who shall collect the same of such predecessor in the 
same manner as other fines are collected. 

7. In case of vacancy in the office of librarian, the district 
clerk shall perform the duties of librarian until the vacancy 
is filled. 

8. If any person, having held the office of librarian, shall 
neglect or refuse to deliver to his successor all the library 
property, as prescribed in the sixth regulation, the director 
shall forthwith commence an action in the name of the dis- 
trict board for the recovery of the property he shall so neg- 
lect or refuse to deliver. 

9. On the return of every book to the library, the libra- 
rian shall examine it carefully, to ascertain what injury, if 
any, has been sustained by it, and shall charge the amount 
of the fine accordingly; and in every case of injury not speci- 
fied in these regulations, he shall assess the amount of dam- 
ages to be paid, subject to revision by the district board. 

10. The following fines are established by the state su- 
perintendent, viz. : 

1st. For detaining a book beyond two weeks, five cents 
per week. 

2d. For the loss of a volume, the cost of the book; and if 
one of a set, an amount sufficient to replace it, or to pur- 
chase a new set. 

3d. For a leaf of the text torn out or lost, or so soiled as 
to render it illegible, the cost of the book. 



135 

4th. For any injury beyond ordinary wear, an amount 
proportionate to the injury, to be estimated by the librarian. 

5th. Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be 
lost, and the person so detaining it shall be charged with its 
cost in addition to the weekly fine for detaining the book, 
up to the time such charge is made. But if the book is 
finally returned, the charge for loss shall be remitted; and 
the fine for not returning the same be levied up to the time 
of such return; provided, that in no case shall the amount 
of weekly fines exceed double the cost of the book. 

11. On the third Monday of August, November, February, 
and May, and also immediately before he vacates his office, 
the librarian shall report to the district treasurer the name 
of every person liable for fines, and the amount each such 
person is liable to pay; and the treasurer shall give the 
librarian a certificate of the same, and immediately proceed 
to collect the same, and if not paid shall so certify to the 
director, who shall forthwith bring an action in the name 
of the district board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, 
who shall keep account of the same, and shall report thereon 
to the annual district meeting, giving the name of each in- 
dividual fined, the amount of the fine, and the sum total of 
all fines, which report shall be recorded by the clerk; and 
the district treasurer shall be responsible for all fines uncol- 
lected through his neglect. 

13. On the first day of July in each year, the librarian 
shall report to the district clerk as follows: 

1st. The number of volumes in the library; 

2d. The number of volumes purchased during the year; 

3d. The number of volumes presented during the year; 

4th. The number of volumes loaned during the year 
[counting each volume once for each time it is loaned'] ; 

5th. Amount of fines collecfced; 

6th. Amount of fines expended; 

7th. Amount of fines remaining unexpended. 

14. The library fines collected must be first applied to 



136 

the replacing of lost volumes, binding pamphlets, and re- 
binding such books as may require it. 

15. In case of joint libraries, the reports required above 
shall be made to the otticers of the district in which the 
library is located. 

TOWN LIBRARIES. 

As districts may donate or sell their books to the town, to 
form part of the town library, the provision of the statutes 
in regard to town libraries is given: 

Section 770. The qualified electors of each town shall 
have power at any annual town meeting: 

4. To vote by ballot to establish a town library for the 
use of tlie people tliereof. In taking such vote the electors 
voting in favor thereof shall vote a separate ballot contain- 
ing the words, "for a town library," and those voting 
against, a separate ballot containing the words " against a 
town librar}"," and when established, to make all by-laws, 
rules., and regulations for the management thereof, afid 
raise a sum not exceeding one hundred and fifty dollars in 
any one year for the purpose of purchasing books, furnish- 
ing a place to keep such library, and paying the librarian 
for his services, to be expended under the direction of the 
town board. 

/ CH .winjU i 4-vHi, Lawj ou 1887. 

n Q ^ -•!'' (^mended hi/ C/<ajif<ii>i 388, fmrnt &f 1889. I 



^1. The treasurer of each town in ilie state may 
withhold annually from the money received from the school 
fund income, for the several school-districts whose school- 
houses are located in the town of which he is the treasurer, 
an amount equal to ten cents for each person of school age 
residing in such school-districts for the purchase of books 
as herei nafter provided. 

JJCTTrr* •^. Between the tenth dav of July and the thirty- 
first day of Angust in each year, the town clerk, with such 
assistance as he may be able to obtain from the county 
superintendent of schools, shall expend all money withheld 
by the town treasurer, as provided in section 1 of this act, 
ill the purcliase of books selected from the lists prepared by 
the state superintendent as hereinafter provided, for the 
use of the several school-districts from which money has 
been so withheld, and he shall distribute the books thus 
selected and purchased, among the several school-districts 
in proportion to the sums of money withheld from each. 



137 

fffigi*iaaT ^. It is hereby made the duty of the state su- 
perintendent to prepare annually or biennially, as he may 
deem necessary, lists of books suitable for use in school-dis- 
trict libraries, and furnish copies of such lists to each town 
clerk and each county superintendent, as often as the same 
shall be published or revised, from which lists the several 
town clerks shall select and purchase books for use in the 
public school libraries in the several towns of the state, as 
provided in this act. 

SlLLiiiuK i-JUIt shall be the duty of each town clerk to 
keep a complete record of the books purchased by him and 
distributed to the several school-districts, and he is hereby 
authorized from time to time, a» he may deem necessary, to 
collect and re-distribute among the several school-districts 
the books purchased under the provisions of this act, in the 
same manner as provided for first distribution, to the end 
that each district may have the use of all books purchased 
for use in school-district libraries of the town. For such 
services, properly rendered, the town clerk shall be allowed 
the usual per diem of two dollars per day for time actually 
and necessarily spent. 

Sbodiom 5. Unless the school-district shall at the annual 
meeting elect some other person to be librarian of the dis- 
trict, the district clerk shall act as librarian for the district, 
and shall receive and have the care and custody of the 
books distributed to the district, pursuant to the provisions 
of this act, and shall loan them to teachers, pupils and 
other residents of the district in accordance with rules and 
regulations prescribed by the state superiiitendent. The 
state superintendent shall have the authority to suspend 
the operation of this act for any year, in any or every town, 
by giving due notice of such suspension to the respective 
town clerks on or before the 10th day of June. ,, 

The important changes in the law providing for public 
school libraries made by the chapter above cited are three 
in number: 1. All money withheld for library purposes 
during the year is to be withheld at one time, and from one 
fund — the state school fund income. This is theui-ww^ap- 
portioned June 15, annually, by the state superintendent, 
based on the reports received in August of the preceding 
year. 2. The amount withheld is equal to ten cents for 
each person of school age residing in the district, whether 
they all reside in the town where the school-house is situ- 
ated or not. 3. The town clerk is to make the purchases of 
books, with the money withheld for that purpose, calling 
to his aid the county superintendent of schools in making 
selections of the books to be purchased. 



138 

The time for the purchases to be made is so adjusted that 
the new books annually bought, can be on hand ready for 
use promptly at the opening of the fall or winter terms of 
school. All questions and difficulties concerning withhold- 
ing money and furnishing • books in connection with joint 
school-districts are settled by ignoring the fact that they are 
joint districts, and requiring the town treasurers and town 
clerks to treat all joint districts as though they were entire 
districts belonging to the town where the school-house is 
located. These changes will very greatly simplify the 
operation of the library law. 

In submitting the rules and regulations for public school 
libraries, and the forms of records to be kept by town and 
district clerks, prescribed by the state superintendent, it 
may be helpful to some to re-state in concise form some 
points cautionary and explanatory, which are important to 
keep in mind. 

SELECTION OF BOOKS. 

For the use of average country districts, selection should 
be made from the first three lists prepared and recommended 
by the state superintendent. These lists, in pamphlet 
form, are furnished to school officers, upon application. 
Remember that the primary and principal purpose of these 
libraries is to furnish the pupils of public schools with read- 
ing matter relating to the studies pursued in the schools 
and supplementary to them. The library thus becomes a 
part of the system of public education. The selections 
should be made in some just proportion from each of these 
three lists, that all grades of pupils may be provided with 
suitable books. For most country schools, selections should 
be made very largely from the first two lists. 

PURCHASE OF BOOKS. 

Town clerks are to purchase the books, and, of course, 
are at liberty to purchase wherever they please. In consid- 
ering proffers, however, town clerks should remember that 
different editions of a good many books are published; that 
these editions differ greatly in size, in binding, and in the 



139 



kind of type and paper used. In considering the prices 
offered, the state superintendent took all these things into 
account, and the edition recommended is the one deemed 
best suited for the library. With this caution there would 
seem to be no occasion for misunderstanding, or disappoint- 
ment. If the edition proffered to any board is the edition 
specified in the list, that ought to be satisfactory. If the 
edition is not the same, then care should be taken to ascer- 
tain whether it will be satisfactory. The only way this can 
be safely done is by inspection of the book. 

If purchases are made of the firm which is mentioned in 
the list, and which guarantees to furnish the editions named, 
for the prices published, upon application by mail to them 
a form of order will be furnished with full instructions re- 
lating to order and payment. 



RECORD BY THE TOWN CLERK. 

1. The town clerk shall make a catalogue of all books 
purchased in a book provided for that purpose, numbering 
each book in the order in which it is entered. The cata- 
logue shall be in the following form: 

Form No. 1. 



No. 


Date of Purchase. 


Title of Book. 


Cost. 



















2. The town clerk shall, in a book provided for that pur- 
pose, open an account with each school-district in the town 
to which books are distributed, charging each school-district 
with all books delivered to the same, describing the books 
by the catalogue numbers, and giving the date when such 
books were delivered. The account shall be kept in the 
following form: 



140 



Form No, 2. 



No. of District. 



No. of Book. 



Date of Delivery. 



Remarks. 



3. Whenever the town clerk deems it advisable lie shall 
give the librarians of the several school-districts in the 
town tliirty days' notice to collect all the books which have 
been distribnted to each, and return the same to his office 
for re-distribution, together with a report of all books lost 
or injured, and the tines collected for detention, injury or 
loss of any book or books. The money so collected shall 
be paid to the town clerk, at the time the report is made, 
and by him be paid to the town treasurer, to be credited to 
the public school library fund of the district paying the 
same. 

4. When the town clerk shall have received from the 
district librarian the books called in for re-distribution, 
he shall credit each district with tlie books thus deliv- 
ered to him, describing the same by the catalogued num- 
bers. 

5. Tlio town clerk shall carefully compare the books re- 
turned to him by the district librarian for re-distribution, 
and the statements and returns of fines and penalties col- 
lected for detentions, injuries and losses, and if any book 
or books charged to any district are not returned, or the 
penalties for injuries and losses are not paid to him in full, 
the same shall be made good from the amount of public 
school money withheld from the district liable, for library 
purposes, the ensuing year. 

. The town clerk shall annually report to the state su- 
perintendent the amount of public money withheld from 
the several districts during the year preceding for library 
purposes, the amount expended for library b6oks, the num- 
ber of volumes added during the year, the whole number 
purchased by the town, and such other facts as the state 



Itl 

superintendent may require, and the record kept by the 
clerk shall clearly show these facts. 

RULES FOR PUBLIC SCHOOL LIBRARIES. 

The following regulations for the management of public 
school libraries have been prepared by the state superin- 
tendent. The labels for pasting in each volume, giving the 
regulations for borrowers, can be obtained, on application, 
from the state superintendent. The regulations should be 
entered at length upon the records of the town: 

1. The town clerk shall distribute all books purchased 
for public school libraries among the several school-districts 
of the town, in proportion to the amount of public school 
money withheld from each for that purpose, and from time 
to time, as he may deem necessary, call in the books so 
distributed for re-distribution. 

2. Before any distribution shall be made of any books 
purchased for public school libraries, the town clerk shall 
cause to be pasted on the inside of the cover of each vol- 
ume, a printed label giving the name of the town to which 
the book belongs, the county in which the town is located, 
the number of the volume, and the regulations prescribed 
by the state superintendent relating to the loan of the same, 
and the fines for detention, injury or loss of the volume. 

3. The district clerk of the respective districts, or the li- 
brarian elected by the district, shall be the custodian of the 
books distributed to the district, shall loan the same to per- 
sons resident of the district, collect all fines incurred for 
detentions, injuries and losses of books, prescribed by the 
state superintendent, and pay over the same to the town 
clerk as required, and shall collect and deliver to the town 
clerk all books delivered to him, whenever required to do so, 
and shall deliver to his successor in office, all books, papers 
and property of every description belonging to the town 
and to the public school library thereof, within ten days 
after the election or appointment of such successor. 

4. The district clerk or librarian shall keep a catalogue 
of the books delivered to him by the town clerk. In con- 
nection with his annual report, the district clerk shall re- 



142 

port the number of volumes, the amount of fines collected, 
and the condition of the library on the 30th day of June to 
the town clerk. The librarian shall give out and receive 
books on such days as the school board may direct, under 
the following rules: 

I. The teacher of the public school may, while the school 
is in session, draw from the library such number of vol- 
umes as may be needed for use in the instruction of pupils 
and classes, and shall be responsible for the books drawn 
for that purpose. 

II. No individual shall have from the library more than 
one volume at a time. Books may be loaned to minors, and 
the record account shall be kept with the parent, guardian 
or person with whom such minor resides. 

III. No volume shall be retained longer than two weeks 
under a penalty of a fine of ten cents for the first week of 
such detention, and five cents for every week thereafter. 
The librarian shall report monthly all delinquencies to the 
school board. 

I |IV. Fines shall be assessed for injuries to books as fol- 
lows: 

1. For an injury beyond ordinary wear, an amount pro- 

portionate to the injury, as estimated by the libra- 
rian. 

2. For the loss of a volume, the cost of the book; and if 

one of a set, an amount sufficient to replace it, or 
to purchase a new set. 
o. No person having incurred a fine shall be permitted to 
take books from the library until the fine is paid. 

V. The district clerk or librarian of each school-district 
shall keep a record of all books loaned, in a book provided 
for that purpose, which shall show the name of the person 
to whom the volume is loaned, the catalogue number of the 
volume, the date of the loan, the date of return, and the 
amount of fine, if any, imposed and assessed by the libra- 
rian, for any detention, injury or loss of. any book, and the 
date at which said fine was paid. The record shall be kept 
in the following form: 



143 



Form No. 3. 



Name of Borrower. No. of Book. Date of Loan. Date of Return. Fine, 



VI. Books may be loaned to minors and charged to their 
parents, guardians, or^ other persons with whom they re- 
side, who shall be responsible for the books under these 
regulations. 

VII. On the return of every book to the library the libra- 
rian shall examine it carefully to ascertain what injury, if 
any, has been sustained by it, and shall charge any fine 
that may have been incurred by such injury, or by deten- 
tion or loss of any book as provided in the rules. 



XI. JUDGMENTS AGAINST SCHOOL-DISTRICTS. 



Section 487. No execution shall issue on any judgment 
against a school-district, except upon leave of the court, 
upon motion, after the failure of the remedies provided in 
these statutes. 

Section 488. Whenever a final judgment shall be ob- 
tained against any school-district, the judgment creditor, 
his assignee or attorney may file with the town clerk a cer- 
tified transcript of such judgment, or of the docket thereof, 
together with his affidavit, showing the amount due thereon, 
and all payments, if any, and that the judgment has not 
been appealed from or removed to another court, or if so 
appealed or removed, has been affirmed; and thereupon the 
town clerk shall assess the amount thereof, with interest 
from the date of its rendition to the time when the warrant 
for the collection thereof will expire, upon the taxable prop- 
erty of such district, placing the same in a separate column 
on the next tax roll; and the same shall be collected and re- 
turned as town taxes are, and paid to the party entitled 
thereto. In case of a judgment against a joint district, a 
transcript and affidavit as aforesaid shall be filed with the 
clerk of each town in which any part of the district is situ- 
ated, and the town clerk in each town shall assess on the 
taxable property of the part of such district situated in his 



144 

town, the same proportion of the whole amount, with inter- 
est as aforesaid, as is assessed on such part for the other 
district taxes in such year. Such proportion may be ascer- 
tained by the certificate of the district clerk, or the certifi- 
cate of the several town clerks interested to each other, 
showing the amount of other district taxes certified by the 
district clerk to each town clerk. Whenever, for atiy cause, 
the amount which ought to be assessed on any such district 
or part of district, as above provided, shall not be so assessed 
in the next tax roll after the filing of such transcript and 
aflBdavit, the town clerk shall assess the same on the next or 
any subsequent tax roll within two years thereafter. 

Section 489. Whenever an appeal shall be taken from 
any judgment against a district, and a transcript thereof 
and affidavit shall have been filed, as above provided, the 
director may file a certificate of such appeal with the town 
clerk, and thereupon he shall suspend the assessment of 
such judgment, until the determination of such appeal. If 
such judgment be thereafter affirmed, on proof thereof by 
certificate of the clerk of the appellate court, the town clerk 
shall assess the same, with interest, in the next tax roll. 

The property belonging to the district is not liable to levy 
or sale upon an execution. Under the rendition of any 
judgment against a school-district, a transcript of the same 
is to be filed with the town clerk, or, if the district be a 
joint district, with the clerk of each town in which such 
district is in part situated. The town clerk is then required 
to assess the amount of the judgment, with interest there- 
on, in a separate column, in the next assessment roll, and 
the tax, when collected, shall be paid to the party entitled 
thereto. 



XII. FREE HIGH SCHOOLS. 

The law relating to free high schools underwent several 
amendments, in the revision of the statutes, but some of 
these amendments not proving satisfactory, the law under- 
went further modifications at the sessions of 1879, 1882, 1883 
and 1885. The several sections, as now in force, are given 
below, with comments upon each: 



145 



Sections 490, 491, 492 and 493, Revised Statutes, as amended by Chapter 

245, Laws of 1879. 

Section 490. Any town or incorporated village or city, 
or school-district which contains within its limits an incor- 
porated village, or which has a graded school of not less 
than two departments, with not less than twenty-five pupils 
prepared to begin a high school course, may establish and 
maintain not exceeding two high schools in the manner 
and with the privileges herein provided. The question of 
establishing such schools may be submitted by the town, 
school-district, or village board, or common council, at any 
annual or duly called special meeting, or election, upon 
written resolution therefor, proposed for adoption; pro- 
vided, notice of such purpose, embodying such resolution, 
be given in the manner provided for notifying a special 
district meeting, town meeting, or charter election. 
The vote shall be taken by ballot, and canvassed 
according to the statutes for conducting elections in 
such municipality, those ballots in favor being writ- 
ten or printed "for high school," those opposed, "against 
high school." If the resolution be adopted, such towns, 
school-districts, village, or city, shall constitute a high 
school-district. But no city, incorporated village or school- 
district, in which a high school heretofore established has 
been reported, recognized and aided as a free high school, 
shall be required to take any vote on the resolution pro- 
vided for in this section, but may continue to report and re- 
ceive aid, on due compliance with the law in other respects. 

Under this section, as amended, any district having a 
graded school of "not less than two departments " may es- 
tablish a free high school, as well as any town, city, incor- 
porated village, or district containing an incorporated vil- 
lage; but the restriction is imposed that there must be not 
less than twenty-five pupils prepared to begin a high school 
course, before a high school can be established under the 
law. 

Hereafter, in each municipality proposing to- establish 
such a school, a vote must be taken; but this does not apply 
to any case in which a school has already been recognized 
under the law, and received aid. Such schools will con- 
tinue to be recognized on. due compliance with the law in 
other respects. 

Section 491. Two or more adjoining towns may unite in 
establishing and maintaining any such high school. The 
resolution proposing the same shall be approved and sub- 



I 



146 

mitted, and the notice of election signed by at least two 
supervisors of each town, and the election shall be notified 
and conducted in each town as provided in the preceding 
section. Such resolution shall not be adopted unless a ma- 
jority of the votes cast in each town be in favor thereof. 
The votes shall be canvassed at the first election and all 
subsequent elections in the several towns, as at town meet- 
ings; and the supervisors of the several towns proposing to 
unite, shall, within one week after such elections, meet and 
canvass the votes, and certify the result to the town clerk 
of each town. If such resolution be adopted, the several 
towns so voting to unite shall constitute a joint high school- 
district. 

In the revision of the statutes, this section, which was 
section 2 of the original law, has been amended by requir- 
ing that the resolution proposing the establishment of a 
school by the joint action of two or more towns, " shall be 
approved and submitted, and the notice of election signed 
by at least two supervisors of each town." Towns thus 
uniting in the establishment of a school form a joint high 
school-district. 

The privilege is no longer granted to one or more districts 
to establish a school where the town declines to do so, but is 
confined to districts already having a graded school, or em- 
bracing an incorporated village, as provided in section 490. 

Section 492. The officers of each such district shall be a 
director, treasurer, and clerk, whose term of office shall be 
each three years, beginning with the annual town meeting, 
and until his successor shall have been chosen or appointed; 
provided, that at the first election the clerk shall be chosen 
for one year, the treasurer for two years, and the director 
for three years; and all of said officers may be chosen first 
at the same election at which the question of establishing a 
high school is submitted, to take their offices if the resolu- 
tion therefor bo adopted. Thereafter, such officers shall be 
elected at the annual town meeting or charter election. The 
votes cast shall be canvassed, and the results declared and 
certified, as provided in the preceding sections. But in all 
cities not under a county superintendent, which now consti- 
tute ^ree high school-districts, or which shall hereafter adopt 
the resolution provided for in section four hundred and 
ninety, and become free high school-districts, the board of 
education in each such city shall be the high school board, 
and the city treasurer shall be, ex-officio, the treasurer of 
the high school-district, unless the board of education em- 
braces a treasurer; and in all districts maintaining a graded 



147 

school of not less than two departments, which now consti- 
tute free high school-districts, or which shall hereafter adopt 
said resolution, the district board in each such district shall 
be the high school board; and the district treasurer shall be 
the treasurer of the high school-district. 

Section 493. The officers aforesaid shall constitute the 
high school board, and, as such board and such officers, shall 
conduct the affairs of such high school-district on the same 
general plan provided for a school-district, and shall have 
and possess, with respect to such high school-district, all the 
powers, including all such as may be conferred by vote of a 
district meeting, and be charged with all the duties con- 
ferred and imposed in these statutes on the district officers 
and district board of a school-district, p.pplicable to such 
high school-district; the treasurer shall give a like bond, to 
be approved and filed in a similar manner. The high school- 
district clerk shall make a similar report to that provided in 
section four hundred and sixty-two, omitting the first sub- 
division. They may grade such school and establish the 
branches of study to be taught therein, under the advice of 
the state superintendent. Every forfeiture and punishment 
enacted against neglect or violation of duty in a school-dis- 
trict officer, shall be held equally to apply to a high school- 
district officer for like neglect or violation. The reports of 
free high schools in cities not under a county superintend- 
ent, shall be included in the reports from such cities to the 
state superintendent, made by the city superintendent or 
clerk of the board of education. 

These two sections combine sections three, four, five, six, 
and nine, of the former law, omit some provisions, and, as 
amended, simplify the election of officers and the constitu- 
tion of the board. The officers, if elected, are to bear the 
same names and to be elected for the same terms, as ordi- 
nary district officers. In the independent cities, the board 
of education is to be the high school board; in single dis- 
tricts, the district board is to be also the high school board. 
The duties of the several officers, and of the board are simi- 
lar to those of district officers and boards. There are spe- 
cial provisions as to the treasurer. The clerk is to make a 
report which will be sent to the proper county superintend- 
ent, as formerly provided in section ten of the high school 
law; but in independent cities, the report is embodied in 
the report of the city superintendent, or of the clerk of the 
board of education, if there be no superintendent. The 
course of study is established under the advice and con- 



148 

sent of the state superintendent, as provided in the 
next section; and in addition to the general report above 
mentioned, a financial report is to be made in duplicate to 
the state superintendent, as provided in section 496. 
Blanks for both reports are furnished from the office of the 
state superintendent. 

Section 494, Revised Statutes, as amended by Chapter ^45, Laios of 1879, 
and Chapter 146, General Laws of 1881. 

Section 494. All such high schools shall be free to all 
pupils resident in the district. Every principal of any high 
school hereafter elected or appointed shall be a graduate of 
some university, college or normal school, or shall hold a 
state certificate, or shall pass an examination in the studies 
required to be taught in any such school; and the high 
school boards or boards of education having charge of such 
schools shall determine, with the advice and consent of the 
state superintendent, the course of study and minimum 
standard of qualifications for admission to the same. 

IScct'.uul. Section 491 of the revised sliitutes, 

as amended by chapter 245, laws ol' 187'J and , 

chapter 146,of the laws of ISSl.is hereby amended 

so as to read as follows: I 

Section 494. All such high schools shall be 

free to all pupils resident in the district. Every 

principal of any high school hereafter elected or 

J appointed, shall, in addition to his legal qualili- 

' cations as teacher oi a common school, be a grad- 

c( ^^^^ -t uate of some university, college or normal 1 T.TQi-vQ,»£i o 

bECTION 1. school, or shall hold a state certirtcate, or shall ^ piepd-ie ct 

nnnrap nv /-•nnT P''^^^^ "'* examination in the studies required to I in f ree llisfh 
course Ol COUl^,y,a„j.i^tj,^j,„y ^,j^,]^g^j^Q^,.^,j.Q^j^g,^_J^^^^^^^^Mii iicciiib" 

schools, public cortincates authorized by the laws of Wisconsin, 30n appilCa- 

■fi/M-. -fz-^T. +1to ■I'li^'i lliii ccrtilicates authorized by section 1, of Tnlatino- thp- 
tlOn tor tlie l chapter 242, of tlie laws of 1885, as amending ■^P^'*."* ' i 

maintenance (Ci^aptGr ps of t4u; laws of isss, shaii icgaiiytsercise such 

J 1 q'l'ili'.v their holders, both as principals and as Lc!T^£i/^+ir> -1-1 r\f 

personal SUpeiteachers of common schools; and each principal l^lSpeCtlOll 01 

thp wnrlr nf ol«'iil each assistant teacher in a free high school dcr tllC DrO- 

ine worK or aigi^..^ ^^ ^1;^^^^^ t^ ^g.^^,^ ^^^^^ ^^^ approval ofr; ! ^• 

visions 01 the his certificate by the state superintendent; andni tO require 
o-n/^ ^+l-i£i-.' ^,,i.'the high school boards or boards of education/] ViPTnavPan 
and Otlier aUtl having charge of such schools, shall determine , ^^^ ^^'*< . 
to his aSSistan^^'^'h''i''--'"^viceand consent of the state supor-l SUpCl'VlSlOn 
££ -u- T^ niteudent, the course of study and minimumiJ ovf in +V10. 

01 tree hlgn S( standar(i of qualiiications for admission to the^^ ^''^ ^^ ^'^^ 

university, an '''^t^on2. This act shaU take effect and be inf"^ ?•''* ''^K'u 
fere with a pr f^^^fs irom and after its passage and publication. ineCtlOll Wltn 

the university; "he shall examine or cause to be examined, 
all teachers of high schools required by law to pass a special 
examination to qualify them for teaching in high schools, 
and grant certificates to such as pass examinations satisfac- 
torily, which certificates shall be in such form and for such 
time as he may prescribe, and shall authorize the holders to 
teach in such special place or places, or in the whole state 
as the qualifications of the candidate may warrant. The 
courses of study herein authorized to be prepared shall in- 
clude instruction in the theorv and art of teaching, and or- 



149 V 

ganization, management and course of study of ungraded 
schools, and all examinations of teachers shall include ex- 
aminations upon these subjects. 

Section 2. The state superintendent shall furnish suita- 
ble blanks for annual and special reports for all free high 
schools, which shall include the number, age and sex of all 
pupils enrolled, the number in each class or year of the 
course of study, the number pursuing English branches 
only, the number completing the course of study each year, 
and such other statistics as may be deemed necessary. 

The free admission of all resident pupils is based, of 
course, on ability to pass the required examination. 

The ambiguity in the law relating to the examination of 
principals who are not graduates of the schools mentioned, 
or do not hold state certificates, and also relating to the 
supervision of free high schools, is removed by the law of 
1883. 

These schools are now determined to be under the personal 
supervision of the state superintendent. The examination 
of teachers required to be examined is also to be made under 
the direction of the state superintendent, and certificates of 
different grades may be issued by him. By the provisions 
that the courses of study shall include instruction in theory 
and art of teaching, organization, management and course 
of study of ungraded schools, and that examination of 
teachers shall include examination upon these subjects, 
public recognition is made of the fact that one of the legal 
functions of free high schools is to prepare for teaching in 
the common schools of the state. 

As a rule, these examinations will be conducted by county 
or city superintendents in the locality where the teacher is 
to be employed, under regulations prescribed, and the papers 
written will be transmitted to the state superintendent. 
The grade of certificate issued thereon will be determined 
by the character of the papers, the age, experience and suc- 
cess in teaching of the applicant. 

The course of study to be adopted and the standard for 
admission to the school are to be determined with the ad- 
vice and consent of the state superintendent. Three courses 
have been arranged, and published in pamphlet form, with 
11— s. c. 



150 

the text of the law relating to free high schools, and com- 
ments thereon, which will be furnished on application to lo- 
calities proposing to establish free high schools. It should 
be understood that any modification of the prescribed 
courses of study must have the approbation of the state 
superintendent. 

Section 495. The high school board shall annually, on or 
before the second Monday in September, meet and determine 
the amount necessary to be raised by tax for the support of 
such high school, and certify the same to the proper town, 
city or village clerk; if a joint high school-district, they shall 
certify to tlie town clerk of each town the proportionate 
amount thereof to be raised by such town, such proportion 
to be determined according to the total valuation of all the 
taxable property in such town as equalized by the town boards 
of review. Such tax shall be assessed on the next tax roll 
by such cle.'k or other officer making the same, and collected 
and returned as otlier taxes, and paid to the high school-dis- 
trict treasurer. Such moneys shall be paid out only on orders 
drawn and countersigned as prescribed in case of school- 
districts. Any town which is a single high school-district, 
may, by resolution adopted at the annual town meeting, 
limit the amount to be raised for high school purposes in 
such town, during such year. In case of a joint high school- 
district, the town boards of the several towns embraced may, 
by a joint resolution adopted by all such town boards, be- 
fore the first day of July, likewise limit the amount to be 
raised in such district. 

The certificate of the amount necessary to be raised for 
the support of the high school, is to be made in Septeinbei;, 
instead of July, as formerly. Towns having a high school 
may, by vote, limit the amount to be raised: and in case of 
a joint high school-district, the town boards may limit the 
amount. 



Section 496, Revised Statutes, as amended hi/ CJia^iter 345, Laws of 187i), 
Chapter 373, Laws of 18S3, Chapter 430. Laws of 1885, and Chapter 
466, Laxcs of 1889. 

Section 40(). Aii}^ high school-district which shall have 
established a free high school, according to the provis- 
ions of these statutes, and shall have maintained the 
same for not less than three months in • any school year, 
shall be entitled to receive from the general fund of the 
state, annually, one-half the amount actually expended 
for instruction in the high school of such district during 



Section 
statutes 



bectiou 49(i or the revised 
bZ^T.\..^llL^J^^ ,?.^J^"°.V.<i-trict .Which .hull 



have established a IVee high' chooirSni;^^ 



iiied the same for not less than 



amount required 

chool purposes, but 

dollars to one dis- 

(chool board, or, in 

pn.n.v,. , r ^ bTlawTo bTexpMKled fo^ 

pKK!SXa»S&Jif£sfr'i'r ' t^e treasurer shall, 
r Sri''i''oSJ;!'-l«^?»',i;»SA I. '" SS . report in duplicate to 




such 

by la 

not t( 

tric^. 

cities 

secrei 

on or 

the st 

tuallj 

year, 

objec 

shall 

certii 

repor 

first ( P™>'*^cd the 

treas 
shall 
such 





oportsannexed; '^ ^^^^ ^^ ^^^ district 

he secretary of state 

in the state tax, all 

addition to all other 






Jlrst day of December, the certified 
he paid to the district trea«nrpr oi 

less I aCtor, when by any ijeglect or omission, any n-w 

hav^ •I'*' ! ■'^'^'^'"'i ^■'^'^^^ '"'^ ^" '^''^'c 'ipportionodto it, 
"«-/ '^ Its share of state aid nnder tliis act, the state 
this f^.'iperintendc^U may, after the time hereinbefore 
fVio '^^ "l '^^^'''^ apportionnicnt by him, fix lui 
me aiiionntton per centum less than the amount 
the n''ll'.'-»«"ch free high school would have been 
^^A <^;.' '/.'c'-^ ^f ■ bad It complied with the provisions 
amq o tins act, and certify the same to the secretary 
Thri ?'■ '^Z'^^'-'' '*^''"' *'^'-' ^"^'P"''' <^f such district or dis- 
iut tncts annexea thereto, and the secretary of .stMtc 
tins '^""'^ thereur^on dr/iw his warrant for such 
An.V *^"';"?"/ or iiiiiotiiits ill favor of such district or 
UOi districts. Iho whole amount aniuuilly paid 
Shal "'.'-''' ^'^°, l»i''Jvisions of this section shall 
+1,^ no exceed the sum of twenty-five thousand 
tne nollars, and it more be demanded bv such dis- 
f rp« t"cts,tlicy shall be paid proportionally.Provided, 
il «« however, that if (he whole amount authorized to 
ChS J"^ 1'""^ 'iiinually in aid of free lii.,'h schools in 
towns haviii- no graded scliools, by chapter .'io" 
01 the general laws of 18S'), is not domaiidod or 
expended under the |)rovisions of that law, then 
tne unexpended balance of the amount therein 
(iiinually anthori/;ed to bo paid in aid of free 
hiRh schools m towns having no graded sclioois 
may be added to and apportioned among the 
tree high schools provided for In sections 'i'.io 
and 491, of the revised statutes; but no more than 
htty thousand dollars shall bo apportioned to 
botn classes of free high schools in any one year 
as now provided by law, 
•Section 2, 



appd ^P'^id tothedi;'trTcVtTe;.s^Trer'''ou^o?u';^sn^^^^^^ I'i^ ^^^^^^r this act, the 
.i-^ I treasn.v T.„ ..„„„ _. .. ■' "^ "'« ^"^^^ j^g horeinbeforo fixod 

L amount ten per cent. 

■ee high school would 

with the provisions of 

)cretary of state, with 

annexed thereto, and 

his warrant for such 

district or districts. 

nder the provisions of 

1: twenty-five thousand 

jy such districts, they 

ded, however, that if 

^id annually in aid of 

no graded schools, by 

So, is not demanded or 

t law, then the unex- 

annually authorized 

s in towns having no 

ad apportioned among 

n sections 490 and 491, 

•e than fifty thousand 

. classes of free high 

ided by law. 



exj: 

per 

tol 

grs 

the 

of 

do 

sc 



This act shall take ofToct and be in 
force from .-ind atler its passage and publication. 
-A'-l!!^!,^"^'' ^ Api;^l 22, 1801. 

he effect ot tnib Id w wiii oe iv ixicrease materially the 
amount which free high schools in connection with graded 
schools will annually receive. But few high schools in 
towns having no graded schools have as yet been estab- 
lished. Hence the larger part of the fund provided for that 



^ 



152 

class of high schools will be available for apportionment 
among the free high schools of the former class. 

It will be observed that each free high school established 
and maintained in accordance with the provisions of law 
is entitled annually to share in the apportionment in aid of 
free high schools. An itemized report of the actual cost 
of instruction for the previous school year, ending June 
30th, is required to be made in duplicate on or before the 
first day of November. 

Chapter 352, Laws of 1885. 

Section 1. Whenever any town in which no graded 
schools exist or when any two adjoining towns in which no 

f;raded school exists, shall vote to establish and maintain a 
ree high school, as provided in sections 490 and 491, revised 
statutes, and such free high school shall have been estab- 
lished and maintained in the manner now provided by law 
for establishing and maintaining free high schools for at 
least three months, and when the high school board of such 
town, or of such two towns adjoining which unite to main- 
tain such school, shall make the report required by section 
496, revised statutes, in order to obtain the aid furnished by 
the state of Wisconsin in maintaining free high schools, 
they shall append thereto a certificate to the effect that 
such school is established and maintained in a town or by 
towns wherein no graded school exists. 

Section 3. Upon receiving the reports and appended cer- 
tificate provided for in section 1 of this act, it shall be -the 
duty of the state superintendent to make a separate and 
distinct class of the schools thus established and main- 
tained in towns where no graded schools exist, and each 
such school shall be entitled to receive from the general 
fund of the state annually one-half the amount actually 
expended for instruction m such school, and the state 
superintendent shall fix the amount to be paid to each 
of said high schools and certify the same to the 
secretary of state, at the same time and in the same 
manner as he is now required to fix the amount to be 
paid to high school-districts, and certify the same to the 
secretary of state. On such certificate, at any time after 
the first day of December, the same shall be paid to the dis- 
trict treasurer out of the state treasury; but the whole 
amount so paid shall not exceed twenty-five thousand dol- 
lars in any one year to this class of free high schools, and 
if more is demanded by such districts, they shall be paid 
proportionally. The secretary of state shall annually in- 
clude and apportion in the state tax all such sums as shall 



153 

have been so paid, in addition to the amount authorized to 
be paid in aid of free high schools by section 496, revised 
statutes, and in addition to all other sums to be levied for 
the year. 

By this act an annual appropriation of not more than 
twenty-five thousand dollars is made to encourage the es- 
tablishment and maintenance of free high schools in towns 
where there are no other but ungraded district schools. 

This was the principal purpose of the first act proffering 
aid to free high schools. But few of these places took ad- 
vantage of the assistance thus tendered, and the amount 
of the annual aid is now entirely absorbed by high schools 
established in connection with graded schools. 

In organization, manageinent, and methods of applica- 
tion to obtain aid, these schools will conform to the law 
heretofore existing relating to organization, management, 
and aid of free high schools. It is earnestly hoped that at 
least a hundred of these schools will be established within 
a year, and within two years there should be not less than 
two hundred organized. In them, for five or six months 
every winter, the advanced pupils of the town should be 
gathered for better and more advanced instruction than is 
now possible in the district schools, with their large num- 
ber of all grades of pupils. 

Chapter 426, Laws of 1889. 

Section 1. The state superintendent is hereby authorized 
to appoint a person of suitable qualifications to assist him 
in visiting, inspecting and supervising the free high schools 
of the state, and to aid in giving information and needed 
assistance to localities in organizing and maintaining free 
high schools in towns where no graded schools exist. 

Section 2. The person appointed pursuant to the pro- 
visions of this act shall receive an annual salary of eighteen 
hundred dollars, and reimbursement for all actual and neces- 
sary expenses incurred, payable monthly, upon the certifi- 
cate of the state superintendent, from the annual appropria- 
tion to encourage the establishment of free high schools 
provided in chapter 352, of the general laws of 1885. 

Section 3. The person hereby authorized to be appointed 
by the state superintendent may be assigned such duties in 
the office of the state superintendent when not engaged in 



154 

the specific duties enumerated in section 1, of this act, as 
the said state superintendent may determine and designate. 

This is a new statute, and provides for an additional as- 
sistant, the need of which has been almost universally- 
recognized for many years. 



XIII. APPEALS. 

Section 497. Any person conceiving himself aggrieved 
by any decision made by any school-district meeting, 
or by any town board in forming or altering, or in 
refusing to form or alter, any school-district, or 
by any other thing done by any officer or board 
under the provisions of this chapter,' may appeal to 
the state superintendent. Such appeal shall be taken 
and heard in the manner prescribed by him, and he shall 
make and file his decision thereon within thirty days after 
the hearing thereof is closed. The decision appealed from 
shall be operative until the same shall be reversed and no 
decision on appeal to said superintendent made by him 
after the lapse of thirty days from the time the hearing 
thereof is closed, shall be effectual. 

An effort has been made to give, under the appropriate 
section, in the foregoing pages, such an exposition of the 
statutes relating to common scliools as will aid school offi-^ 
cers in the discharge of their duties. If, however, after ex- 
amination of these instructions, it is deemed necessary to 
apply to the department of public instruction for further 
information, it must be borne in mind: 

1. That no decision can be rendered on any subject af- 
fecting in any manner the rights or interests of different 
parties, without giving to both sides an opportunity of being 
heard. This occurs when an appeal is regularly brought in 
the manner prescribed in the rules regulating appeals, or 
when all parties have signed and united in transmitting a 
statement of facts in regard to which they agree. 

2. That an opinion given without affording to both sides 
a hearing must be regarded as valid only so far as the 
statement on which it is founded represents fully and fairly 
the facts in the case. Sometimes it happens that two per- 



155 

sons applying for advice upon the same question, state the 
facts differently, and of course receive dissimilar replies. 
They are thus confirmed in their difference of opinion, in- 
stead of being reconciled. To avoid this, all parties should 
be careful to state accurately all the facts of the case, with 
all practicable certainty as to dates and number, and in 
such a manner as to indicate the object of the inquiry. 

Those addressing the office,- no matter how frequently 
they may write, should state the name of the post-office to 
which thej^ desire replies to be sent. 

If it is decided to take an appeal to the state superintend- 
ent, the following rules are to be observed: 

RULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state 
superintendent, and signed by the appellant, but no particu- 
lar form of statement is necessary. 

2. The appeal should be as brief as is consistent with a 
complete statement of the case. It should set forth the 
action or proceedings appealed from, and the reasons why 
such action should be set aside. If the appeal is founded 
upon the refusal of the supervisors to act, the reasons why 
the action asked for should have been taken by such super- 
visors, must be clearly shown. If the appeal relates to the 
formation or alteration of a district, a map or plat of the 
territory affected by the action appealed from should be pre- 
pared, showing the boundaries of the district or districts 
embraced therein, the location of the residences of the in- 
habitants, the highways, marshes, etc. A statement show- 
ing the assessed valuation of the district or districts, or of 
the several parts of a district divided, and the number of 
children over four and under twenty years of age residing, 
in each, should accompany the map, and form a part of the 
papers in the case. When the papers are completed, they 
should be fastened together, numbered or lettered for refer- 
ence, and an affidavit attached, setting forth that the 
statements therein made are true, and that the map, list of 
children, and valuation of property are correct. The affi- 
davit may be in form as follows: 



156 

A. B. , being duly sworn, deposes and says that the state- 
ments made in the above appeal, all and several, are true, 
according to the best of his knowledge and belief, and fur- 
ther that the accompanying map, list of children, and valu- 
ation of property are correct. * 

[Signed] , 

Appellmit. 

Sworn to and subscribed before me this day of . 

18-. CD., 

Justice of the Peace. 

3. A complete and correct copy of the appeal and affidavit, 
and all accompanying papers, should be made, to which an- 
other affidavit should be attached, stating that they are cor- 
rect copies of the papers in the case. 

The form of the affidavit may be as follows: 

A. B., being duly sworn, deposes and says that the above 
is a full and correct copy of an appeal, and all accompanying 
papers, designed to be sent to the state superintendent. 
[Signed] . 

Sworn to and subscribed before me this day of , 

18-. . CD., 

Justice of the Peace. 

This affidavit should be made upon the copy only— not 
upon the original appeal, that is to be sent to the state su- 
perintendent. The copy should then be served upon the 
party from whose action the appeal is taken, either by 
handing it to him, or leaving it at his residence. If the ap- 
peal is from the action of the supervisors, the chairman of 
the board is a suitable party upon whom to serve the copy. 
If from the proceedings of a district meeting, upon the 
clerk or chairman of the meeting. It should not be served, 
however, upon an individual who did not sustain the action 
appealed from as in that case no answer is likely to be made. 

The person serving the copy of appeal should carry with 
him the original appeal, so that the party from whose action 
the appeal is taken, may, if willing, admit service of a true 



*In other matters than formation or altei'ation of districts, the latter 
part of the atfida%'it after the word " belief," may be omitted, or any needed 
change may be made. 



157 

copy, by the following form indorsed upon the original ap- 
peal: 

I, E. F., do hereby admit service of the above (or within) 
\ appeal. 

[Signed] . 

In case no such admission of service be made, the appel- 
lant will append to his appeal an affidavit of the following 
form : 

A. B., being duly sworn, deposes and says that upon the 

day of , 18 — , he did serve a true and verified copy 

of this appeal, and all accompanying papers, upon E. F., by 
handing the same to said E. F. (or by leaving it at his resi- 
dence, as the case may be). 

[Signed] . 

Sworn to and subscribed before me this day of ,. 

18—. CD., 

Justice of the Peace. 

When several persons unite in making an appeal, the 
affidavits may be so changed as to admit the names of all 
the appellants, and each should sign the appeal and sub- 
scribe to each and every affidavit. When the action ap- 
pealed from is the action of several persons, it is sufficient 
to serve a copy of the appeal upon any one of the number, 
but it should always be served upon one not agreeing 
with the appellants, that an answer may be made. 

When all the above directions are complied with, the 
original papers are ready to be forwarded to the state su- 
perintendent. 

4. An appeal should be taken within thirty days from 
the performance of the act appealed from, or within thirty 
days after the action complained of has come to the knowl 
edge of the appellant. 

THE ANSWER. 

1. The appellee has fifteen days in which to prepare his 
answer, and all the directions above given in reference to 
the preparation and service of a copy of the appeal papers, 
should be complied with in preparing and serving the an- 
swer upon the appellant, before it is forwarded to the state 



158 

superintendent. The forms of affidavit given above will 
. answer in all cases for forms to be used by the appellee, by 
changing the words so that the affidavit shall refer to an 
"answer to an appeal," instead of to an appeal, and by 
signing it as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one 
of a number of appellants. When the town board of super- 
visors is a party, and papers have been served upon the 
chairman, if he is in favor of the party appealing, one of 
the other supervisors should make answer. 

3 . In case of neglect of the proper appellees to answer an 
appeal, any person having an interest in the matter may 
make answer to it, being governed in all cases by the same 
rules as would govern an appellee. 

REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that 
new facts have come to the knowledge of the party wishing 
the rejoinder since the appeal or answer was submitted 
to the state superintendent, or that there are material 
errors in the statements of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other 
parties, these statements should be verified by the affidavit 
of the person making the same. 

All decisions on appeal must be filed or recorded as the 
state superintendent shall direct. 

No decision can be rendered on ex parte statements. No 
papers will be considered that are not properly verified, and 
properly served on opposing parties. 

The propriety of leaving out of appeals all matters of a 
purely personal character, except as they may have a direct 
bearing upon the subject, is obvious. 

As appeals are usually decided upon written and not upon 
oral evidence, it is not necessary or proper for either party 
to appear in person, expecting to be heard in the case, with- 
out the presence of the other party. 



159 

Particular care should be taken to follow the directions in 
regard to affidavits, serving copy, etc., so that it may not be 
necessary to send papers back for correction. 

Not only must every paper presented in a case, by either 
party, be verified by affidavit, and a copy be served on the 
other side, but in making the copy, care must be taken to 
copy every affidavit as well as the statement which it veri- 
fies. If this is not done, the party upon whom such copy is 
served has no evidence that the original was sworn to. 

If the appeal is not taken or the answer or rejoinder made 
within the prescribed time, the reasons for the delay must 
.be given. 

Most of the appeals made to the state superintendent, grow 
out of the alteration or f ormatioh of school-districts, orthe re- 
fusal to form or alter the same. In view of this fact, the super- 
intendent is led to remark, not only that these controversies 
are often very injurious to the interests of education, but 
that they would be avoided, so far as they relate to the mat- 
ters mentioned above, if towns favorably situated for the 
purpose would adopt the " township organization of 
schools," the law providing for which is given on subse 
quent pages. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superin- 
tendent of schools, may make appeal to the state superin- 
tendent, according to section 452, using the following form. 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal 
from your refusal to grant me a certificate, and I hereby 
ask you for your reasons for such a refusal, that I may pre- 
sent the same to the state superintendent, with my appeal. 
Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In 
this case the appellant will usually appear before the state 
superintendent for re-examination. He should not come, 
however, without previous notice; but after notice to 
the county superintendent, as above, and on obtaining the 



160 

statement of reasons for refusal, he should forward the 
same to the state superintendent, notifying him of his de- 
sire for a re-examination, that a time may be fixed which 
may be convenient to both parties. 

If the appellant and county superintendent mutually 
agree that the appeal shall be decided on the papers on 
which a certificate was refused, a re-examination may not 
be necessary. 

If the refusal is for alleged want of ability to teach, 
or for alleged immorality, the appeal will be decided 
on the evidence submitted in writing by the parties. The 
papers should be made out and verified, and copies served, as 
provided under the Rules for Appeals. 

In case a teacher's certificate is annulled, he also has a 
right of appeal. For this purpose the following form may 
be used: 

To A. B. , Coioity Superintendent of Schools for County.' 

Sir: You are hereby notified that I intend to appeal 
from your action in annulling my certificate, and I hereby 
ask for your reasons for sucli action, that I may present 
the same to the state superintendent, with my appeal. 

Respectfully yours, . 

The directions given above, in regard to an appeal from a 
refusal to grant a certificate, are to be followed, as far as 
applicable, in an appeal from the action of a superintendent 
in annulling a certificate. 

XIV. PENALTIES AND MISCELLANEOUS LAWS. 

Section 498. Every district clerk who shall willfully 
neglect to make the annual report for his district, as re- 
quired by law, shall be liable to pay the whole amount of 
money lost by such district in consequence of his neglect, 
which shall be recovered in an action in the name of and 
for use of the district. 

Section 499. Every town clerk who shall neglect or re- 
fuse to make and deliver to the county superintendent his 
annual report as required in this chapter, within the time 
limited therefor, shall be liable on his official bond to pay 
the town the amount which such town or any school-district 
therein shall lose by such neglect or refusal, with interest 



161 

thereon; and every county superintendent who shall neglect 
or refuse to make the report required of him by this chap- 
ter, to the state superintendent, shall be liable to pay to each 
town the amount which such town or any school-district 
therein shall lose by such neglect or refusal, with interest 
thereon, to be recovered in either case in an action prose- 
cuted by the town treasurer in the name of the town. All 
money collected or received by any town treasurer, under 
the provisions of this section, shall be apportioned and dis- 
tributed to the school-districts entitled thereto, in the same 
manner that the money lost by any such neglect or refusal 
would have been apportioned and distributed. 

Section 500. Every taxable inhabitant receiving the no- 
tice mentioned in sections four hundred and thirteen and 
four hundred and fifteen, and every chairman of the first 
district meeting in any district, who shall willfully neglect or 
refuse to perform the duties enjoined upon him by this chap- 
ter, shall respectively forfeit the sum of five dollars. Every 
person duly elected to the office of director, treasurer, or 
clerk of any school-district, who shall neglect or refuse, 
without sufficient cause, to accept such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perform any duty required of him 
by the provisions of this chapter, shall forfeit the sum of ten 
dollars; and every school-district officer who shall neglect 
or refuse to deliver to his successor in office all records, 
books, and papers appertaining to such office, shall forfeit 
not exceeding fifty dollars. 

^ Section 501. Neither the state superintendent, his as- 
sistant, or any person in his office, nor any county superin- 
tendent, nor school-district officer, nor any officer or teacher 
connected with any public school, shall act as agent or so- 
licitor for the sale of any school books, maps, charts, school 
library books, school furniture, apparatus or stationery, or 
furnish any assistance to, or receive any reward therefrom 
from any author, publisher, bookseller, or dealer doing the 
same. Every person violating this section shall forfeit not 
less than fifty nor more than two hundred dollars for each 
offense, and be liable to removal from office therefor. 

Section 502. Every district clerk who shall draw an or- 
der upon the treasurer for any purpose not authorized by 
law, and every director who shall countersign such order, 
shall forfeit for each such order not less than twenty nor 
more than one hundred dollars. 

As amended by Chapter 251, Laws of 1883. 

Section 503. Every member of a district board in any 
school-district in this state, every member of a board of 
education in any city of this state in which a list of text- 
books has been adopted according to law, who shall within 
three years from the date of such adoption order a change 



162 

of text-books in such district or city, shall forfeit the sum 
of fifty dollars ($50). 

Section 504. In case the town board, or any other offi- 
cer, shall neglect or refuse to carry into effect any decision 
of the state superintendent made upon an appeal from their 
or his action or refusal to act, each supervisor or other offi- 
cer thus refusing or neglecting shall forfeit the sum of fifty 
dollars; and every town clerk who shall so neglect or refuse 
shall also be liable to removal by the town board, upon 
proper notice thereof. 

Section 505. All actions for the recovery of any forfeit- 
ure incurred under the provisions of this chapter, shall be 
prosecuted by the director of the school-district interested, 
except when such director has incurred a forfeiture, in 
which case such action shall be prosecuted by the treasurer 
of such district, and in case either shall refuse or neglect 
to prosecute, he shall forfeit twenty dollars. All forfeitures 
recovered shall be first applied to the necessary expenses of 
such prosecutions, and one-half of the remainder shall be 
paid into the district treasury for the use of the district, and 
the other half to the county treasurer, for the benefit of the 
school fund. 

Section 506. Whenever any person or officer designated 
in this chapter to prosecute an action for a forfeiture, or for 
a neglect of duty, shall fail to prosecute such action for the 
space of ten days, after being requested in writing by a 
vote of the proper district, so to do, any voter may prose- 
cute such action for the recovery of such forfeiture, or for 
any neglect of duty, in the manner herein prescribed. 

Section 507. Any school-district officer may be removed 
from office by the county judge, for willful neglect of any 
duty, upon the written application of the majority of the 
legal voters of his district, or of any person aggrieved by 
suchnegioci, containing a full statement of all the charges 
preferred against him. A copy thereof, with a notice of the 
time and place when and where a hearing upon the same 
will be had, shall be served upon such officer at least ten 
days before such hearing. Such officer shall have full op- 
portunity to be heard in his defense: and the judge, upon 
satisfactory proof of such neglect of duty, may by order re- 
move such officer from his office, and in case of removal 
shall forthwith file such order in the office of the town clerk, 
and cause a copy thereof to be served upon each of the other 
officers of the district. The person so removed from office 
shall not be appointed to fill the vacancy occasioned by such 
removal; and for all services performed by the county judge 
under the provisions of this section, he shall receive three 
dollars for each day actually employed, to be paid by the 
county. 



i 



163 



JOURNAL OP EDUCATION^ DICTIONARIES, ETC. 

Section 50S. Each school-district clerk, and each town 
clerk or secretary of a town board of directors, may sub- 
scribe annually for one copy of the Wisconsin Journal of 
Education, to be paid for by the district or town respect- 
ively, out of the school money. 

The subscription price of the Journal of Education is $1.00 

a year, if paid in advance. Subscriptions, with remittances, 

should be addressed to "Wisconsin Journal of Education, 

Madison, Wis." 

Section 509. The state superintendent is hereby author- 
ized to furnish to any school-district, or to any school, or dis- 
tinct department thereof, in any city or village, one copy of 
Webster's unabridged dictionary, on receipt of an affidavit 
of the district clerk, or the school superintendent of such 
village or city, that such school or department has not yet 
been supplied; or, that the dictionary furnished to said 
school has been lost or is unfit for use, and on payment in 
advance of the cost price to said superintendent for any so 
to be replaced. [And he may, in his discretion, distribute 
to the school-districts, so that no one shall have more than |^ 
six copies, the printed edition of the constitution of the 
United States, and of this state, heretofore prepared and *<D 
remaining in his custody.] 

The constitutions have all been distributed, and are no r~:> 

longer furnished by the state. 

Section 510. All such dictionaries and constitutions, 
heretofore or hereafter received by the several districts, 
shall belong to the district library, but during the time a 
school is taught they shall be and remain in the school "^ 
rooms, during the hours of school, for the exclusive use of Ci<^ 
the scholars and teachers and under the control of the 
teachers or princii3als, who shall be responsible to the dis- ^\^ 
tricts for their loss, or for any unnecessary damage they ^ 
may receive. 

Section 511. The state superintendent shall pay to the 
state treasurer, all money received on account of diction- 
aries sold as aforesaid, and render an account of all dic- 
tionaries sold, in his annual report to the legislature. 

MAP OP WISCONSIN. 

Chapter 358, Laios of 1883, amended by Chapter 22, Laws of 1887, and 
Chapter 373, Laws of 1889. 

Section 1. There shall be published annually, under the 
supervision of the railroad commissioner, ten thousand 
copies of the railroad map of Wisconsin — of which five 



164 

thousand copies shall be mounted on muslin and provided 
with rollers, to be distributed by the state superintendent 
of public instruction among the schools of the state, two 
thousand copies shall be likewise mounted on muslin and 
provided with rollers to be apportioned and delivered to the 
members of the legislature, and the remaining three thou- 
sand copies shall be unmounted and distributed by the rail- 
road commissioner; and a sum of money sufficient to carry 
out the provisions of this act is hereby appropriated out 
of any money in the state treasury not otherwise appro- 
priated. 

Under this law, about five-sevenths of the schools of this 
state can annually be supplied with an excellent railroad 
map of the state. Doubtless, as heretofore, these maps will 
be distributed through city and county superintendents. 
The first distribution will take place in the spring of 1890. 



Chaptee 417, Laws of 1889. 

Section 1. The governor is hereby authorized to set 
apart by proclamation one day in each year to be observed 
as a tree planting or arbor day, requesting all public schools 
and colleges to observe the same by suitable exercises, hav- 
ing for their object the im.parting of knowledge of horti- 
culture, in the department known as arboriculture, and the 
adornment of school and public grounds. 

Section 512. Every person of lawful school s.^e, main- 
tained at the public charge, shall, for school purposes, be 
deemed a resident of the district in which he lives; for every 
person so maintained by the county, the county board shall 
for each year allow to the district in which such person 
may attend school, an amount for each person so attending, 
equal to the amount expended in that year for each pupil m 
such district for school purposes; and in case such person be 
maintained by any town, such town board shall allow a like 
amount to such district. Such account shall be reckoned 
by the district officers without reference to the number of 
pauper children attending such school. 

Section 513. Every woman of twenty-one years of age, 
and upwards, may be elected or appointed as director, treas- 
urer, or clerk of a school-district; director or secretary of a 
town board, under the township system; member of a board 
of education in cities; or county superintendent. 



Section 2. That section 3, of said chapter 251, be 
amended so that it will read as follows: That section 514 of 
said chapter 27, of the revised statutes be, and the same is 
hereby amended so as to read as follows: Section 514. 
The several boards of education having the government in 
cities of the public schools, shall determine what school 
and text-books shall be ased in the several branches of 
study pursued in the schools, and shall make a list of such 
books, file a copy with their clerk or secretary and keep a 
copy posted in each school building. When any such text- 
books shall have been adopted, except in such city or cities 
as furnish to the pupils attending the public schools therein 
free text books, they shall not be changed for a term of 
three years. Any board of education in any city where the 
district system is not in force, may, under the limitations of 
this act, order changes in text books, as aforesaid; provided, 
except as to free text books, as aforesaid, that said changes 
shall be approved by the common council or board of alder- 
men of such city; and the aforesaid boards of education are 
hereby authorized to purchase text books tor use in the 
public schools, and to loan or furnish them to pupils under 
such conditions or regulations as they may prescribe. But 



shall have all the powers, and be charged with all the duties 
imposed by these statutes on school-district boards, so far as 
the same are not provided for or limited by the special pro- 
visions of the act of incorporation, or other act under which 
such board or body is constituted. Every city or village not 
having a system of school government specially provided 
by law therefor, shall be governed by the provisions of this 
chapter. 

Chapter 458, Laws of 1889. 

Section 1. There is hereby annually appropriated out 
of any funds in the state treasury not otherwise appropri- 
ated, the sum of one thousand dollars to aid in maintaining 
a summer school of science, literature, language and peda- 
gogy, in connection with the University of Wisconsin. 

Section 2. All teachers employed in the school men- 
tioned in section 1 of this act shall be designated by the 
state superintendent and the president of the university 
jointly, and all expenditures for assistants, apparatus and 
other incidental purposes, together with the salaries of 
teachers, shall be certified by the same officials. 

Section 3. Whenever the state superintendent and the 
president of the University of Wisconsin shall certify that 
a summer school for teachers has been maintained during 
12— S. C. 



166 

the months of July or August in any year for the period of 
four weeks or more, and the person named in the certificate 
is entitled to the sum named therein for services or material 
furnished in connection therewith, the secretary of state 
shall draw his warrant on the state treasurer in payment 
thereof. But no warrant shall be drawn in excess of the 
amount herein appropriated, in any year. 

By this act Wisconsin becomes a pioneer among the states 
in recognizing in a material and substantial form a feature 
of educational work which has in itself the " promise and 
potency " of great helpfulness to many schools and teachers. 
This school, which for two years has been supported by 
volunteer aid wholly, will now be enabled to present in- 
ducements for attendance in the way of varied and eminent 
special instructors not practicable heretofore. 

EXTRACTS FROM REVISED STATUTES — OFFENSES. 

Section 4442. Any person who shall willfully, mali- 
ciously or wantonly cut down, injure or destroy, any tree or 
timber growing or standing upon land belonging or mort- 
gaged to or held in trust by the state, or any countj^ therein, 
or take and carry away any timber or wood so cut or sev- 
ered, or previously cut and severed, and remaining upon 
said land, or who shall so dig or carry away any min- 
eral, earth or stone from such land, or mutilate, deface, in- 
jure or destroy any building or other structure belonging 
to the state, or to any county, town, city, village, school- 
district or school board, board of trustees, corporation, 
company or association, and used for religious, educational, 
penal, correctional, charitable or other public purposes, or 
any building or any personal property whatever, of any 
private person or co-partnership, shall be punished by im- 
prisonment in the county jail, not more than six months, 
or by fine not exceeding one hundred dollars. 

Section 4549. Any officer, agent, or clerk, of the state, 
or of any county, town, school- district, school board, city 
or village therein, or in the employment thereof, or any of- 
ficer, regent, treasurer, secretary, superintendent, clerk or 
agent, of any penal, correctional, educational or charitable 
institution, instituted by or in pursuance of law, within 
this state, or any member of any body or board, having 
charge or supervision of such institution, who shall have, 
reserve or acquire, any pecuniary interest, directly or indi- 
rectly, present or prospective, absolute or conditional, in 
any way or manner, in any purchase or sale of any per- 
sonal or real property or thing in action, or in any contract, 
proposal or bid in relation to the same, or in relation to any 



167 

public service, or in any tax sale, tax title, bill of sale, 
deed, mortgage, certificate, account, order, warrant or re- 
ceipt, made by, to or with him, in his official capacity or 
employment, or in any public or official service, or who 
shall make any contract or pledge, or contract any indebt- 
edness or liabilitj^, or do any other act, in his official capac- 
ity, or in any public or official service, not authorized or re- 
quired by law, or who shall make any false statement, cer- 
tificate, report, return or entry, in any book of accounts or 
of records, in respect to anything done or required to be 
done by him officially, or in any public or official service, 
shall be punished by imprisonment in the county jail, not 
more than one year, or by fine not exceeding five hundred 
dollars. 

Section 4550. Any person mentioned in the next pre- 
ceding section, who shall pay, redeem, discount or j^ur- 
chase any debt, claim or demand, in favor of any other 
person; against the state, or any county, town, school dis- 
trict, school board, city or village therein, or against any 
fund thereof, below the true and full amount thereof, or 
who shall pay any such debt, claim or demand, for any 
purpose, out of any fund not provided for such purpose, or 
who shall willfully violate any provision of law, authoriz- 
ing or requiring anything to be done, or prohibiting anything 
from being done, by him, in his official capacity or employ- 
ment, or who shall refuse or willfully neglect, to perform any 
duty in his office, required by law, or shall be guilty of 
any willful extortion, wrong or oppression therein, shall be 
punished by imprisonment in the county jail, not more 
than one year, or by fine not exceeding five hundred dollars. 

Section 4553. Any public officer whatever, in this state, 
who shall, after the expiration of his term of office, refuse 
or willfully neglect to deliver, on demand, to his successor 
in office, after such successor shall have been dulj' qualified 
and be entitled to said office according to law, all moneys, 
records, books, papers, or other property belonging to said 
office, and in his hands or under his control by virtue 
thereof, shall be punished by imprisonment in the county 
jail, not more than six months, or by fine not exceeding 
one hundred dollars. 

Section 4572. Any person who shall willfully, maliciously 
or wantonly interrupt, or in any way molest or disturb any 
private or public school, while in session, shall be punished 
by imprisonment in the county jail, not more than thirty 
days, or by fine not exceeding fifty dollars. 



168 



XV. TOWNSHIP SYSTEM OF SCHOOL GOVERN- 
MENT. 

The laws relating to a ''township system of school gov- 
ernment " have been amended at nearly every session of 
the legislatm-e since that in which they were first enacted. 
In all these changes the purpose is apparent to bring the 
general system into harmony with the independent district 
system, so far as general principles of administration are 
concerned. 

In the sessions of 1887 and 1889 the legislature made 
numerous changes in these laws. In this compilation the 
law as at present in force is given, without special reference 
to the year in which the changes were made. 

Section 516. Every town which is now or may hereafter 
be organized in this state is hereby declared and constituted 
one school-district for all the purposes in this chapter here- 
inafter prescribed, and the several school-districts and parts 
of joint districts, which are now or may hereafter be estab- 
lished in the several organized towns, shall be styled and 
known as subdistricts, whenever such town shall have voted 
therefor, as provided in section five hundred and fifty-two. 
Section 517. New subdistricts may be formed, and the 
boundaries of any subdistrict may be altered, by th« town 
board of directors at any regular meeting of said board ; but 
the formation and alteration of any joint subdistrict shall 
\)Q by concurrent action of the boards of directors of all the 
towns embraced in part in such subdistricts. 

Section 518. The clerks of the several subdistricts in any 
organized towm, together with the clerks of the joint sub- 
districts, the school-houses of which are situated in such 
town, shall constitute the town board of school directors. 

Section 519. The said board shall be a body corporate, 
and shall possess the usual powers of a corporation for 
public purposes, by the name and style of " the board of 

school directors of the town of " (the name of the 

town to which the board belongs), and in that name shall 
sue and be sued, and be capable of contracting and being 
contracted with, and of holding real and personal estate, 
and of selling the same, as authorized by the provisions of 
this act; and the clerks of the various school-districts, 
together with the clerks of the joint school-districts, the 
school-houses of which are situated in any town adopting 
the township system, shall constitute the first board of 
directors of such town; they shall meet and organize within 



169 

two weeks after the election at which such township system 
shall be adopted; and they shall hold their offices until the 
next annual meeting of the subdistricts of such town. 

Section 520. The board of directors in each town are 
hereby invested, in their corporate capacity with the title, 
care and custody of all school-houses, school-house sites,' 
furniture, apparatus, and other property of all kinds be- 
longing to the subdistricts therein, with full power to con- 
trol the same in such manner as will best subserve the in- 
terests of the schools in such town. 

Section 521. The said boards shall hold two regular 
meetings in each year. The first regular meeting shall be 
designated the annual meeting, shall occur upon the second 
Monday in July in each year, and be held at, or as near as 
may be the place where the last annual election was held. 
The second regular meeting shall be designated the semi- 
annual meeting, shall occur on the third Monday in March 
in each year, and be held at such place as the board may 
designate by rule, or at the preceding annual meeting. 
The hour of meeting shall be ten o'clock in the forenoon. 

Section 522. Special meetings may be called by the sec- 
retary, or in his absence or disability, by the president, 
upon the application of one-third of the members of the 
board. Such meetings shall be called by notifying each 
member of the board personally, or by leaving a written 
notice at his place of residence or business, stating the time, 
place and objects of the meeting, at least five days before 
the time appointed therefor. The members of the board of 
school directors shall be reimbursed for expenses actually 
and necessarily incurred in attending all meetings of the 
board, bills for which shall be audited by the board. 

Section 523. The members of the board of school direct- 
ors, a majority of whom shall constitute a quorum, assem- 
bled at the first and each succeeding annual meeting, shall 
elect from their number a president and vice-president; 
also a secretary who may or may not be of their number, 
but who shall be a resident of the town to which the board 
belongs, and hold said office for one year, or until his suc- 
cessor is elected. Such secretary shall receive a compensa- 
tion for services rendered at not less than two nor more 
than three dollars per day, and he shall present a statement 
of his services rendered at the annual meeting of the board- 
Vacancies in either of the offices herein provided for may 
be filled at any special meeting of the board, the notice for 
which shall state the object of the meeting to be to fill the 
vacancy existing, or at any semi-annual meeting, and per- 
sons elected to fill any vacancy shall hold the office for the 
remainder of the unexpired term. 

Section 524. The board of school directors of each town 
shall have power, out of the funds provided by the town 
for that purpose, to purchase or hire sites, houses and 



170 

rooms for the use of schools, and to fence and improve the 
same, as they may deem proper, and upon such sites to 
build, enlarge, alter, improve and repair school-houses, out- 
houses or any other building for school purposes, as they 
may deem advisable; and also whenever in the opinion of 
the board any school-house, or school-house site is no longer 
needed for school purposes, the same may be sold and con- 
veyed in the corporate name of the board, such conveyance 
to be executed by the president and secretary of the board. 

Section 525. Said board shall, at the regular raeeting in 
March, annually, estimate and determine the amount of 
money which will be necessary for the support of schools, 
and for the building and repairing of school-houses in the 
town, for the year beginning on the first day of July next 
following. 

Section 526. Said board shall establish and maintain 
such and so many schools in the several subdistricts under 
their charge as they may deem requisite and expedient; 
provided, that there shall be at least one common school in 
each subdistrict, and that all such schools shall be kept 
each year not less than six months.- The board shall have, 
in all respects, the supervision and management of all the 
schools, with full power to adopt, enforce, modify and repeal 
from time to time, all rules and regulations, not inconsist- 
ent with the laws of this state, necessary for their organi- 
zation, gradation and control, and for the instruction given 
by them in the different branches of education taught 
therein, and to establish and enforce proper penalties for 
the violation of such rules. 

Section 527. All powers conferred upon district boards 
by the provisions of this chapter, excepting those the exer- 
cise of which would conflict with the provisions of law rela- 
tive to the township system, are hereby conferred upon the 
town boards of directors herein provided for. 

Section 528. The president, vice-president, and secretary 
of the town board of directors shall constitute an executive 
committee, who shall carry out, put in force, and execute 
al] orders of the board; and for this purpose, all power and 
authority vested in such board shall be deemed vested in 
the executive committee; and any duty devolved upon the 
said board shall devolve upon the executive committee; but 
all the acts of the executive committee shall be subject to 
review by the board at any regular meeting thereof. 

Section 529. The executive committee shall employ so 
many qualified teachers as they shall deem necessary to 
give instruction in all the schools under the charge of the 
board. Each contract shall be in writing, shall be signed 
by the teacher and by the president and secretary, shall 
specify the wages per week, month or year, agreed upon by 
the parties, and when completed shall be filed in the office 
of the secretary of the town board of school directors, with 
a copy of the teacher's certificate attached thereto. 



in 

Section 530. The secretary shall record all the proceed- 
ings of the board; he shall keep an accurate and specific 
account of all expenses incurred by the board including a 
list of all orders drawn by him, with the date, amount, per- 
son in whose favor, and object for which each order was 
issued; he shall properly file all papers deposited with him 
in accordance with law, and shall keep and preserve all 
books, papers, and records belonging to his office, and de- 
liver the same to his successor. 

Section 531. He shall make and keep in his office an 
accurate map of his town, showing the boundaries of all 
subdistricts and joint subdistricts, the location of all school- 
houses and highways therein. When a new subdistrict is 
formed by the board of directors, or one is altered, he shall, 
within ten days thereafter, certify to the clerk of each sub- 
district affected by such formation or alteration, a copy in 
writing of the record of the action of the board in the 
matter. 

Section 532. He shall have the immediate charge and 
supervision of all the schools in the town, and shall, under 
the direction of the board, organize and grade them, and 
assist the several teachers thereof in classifying and ar- 
ranging them. He shall visit each school in his town at 
least twice during each term thereof; shall examine into 
its condition and progress, consult with and advise the 
teachers in regard to the methods of instruction and gov- 
ernment, and shall report to the board from time to time 
such improvements as his experience shall dictate are cal- 
culated to benefit the school. 

Section 533. He shall draw orders on the town treasurer 
for money in the hands of such treasurer, which have been 
apportioned to the town, and for money collected or received 
by him from other sources for school purposes, for the pay- 
ment of teachers' wages, the purchase of school-house sites, 
the building, buying, hiring, repairing, and furnishing of 
school-houses, and for all other lawful purposes, and each 
order shall designate the object for which and the fund 
upon which it was drawn, and shall be countersigned by 
the president. 

Section 534. It shall be the duty of the secretary, at 
least five days before the annual town meeting or election, 
each year to make to the board of supervisors of the town a 
written statement, showing the receipts of money for school 
purposes from all sources, and the disbursements of the 
same, during the year ending on the last day of June pre- 
ceding, in which statement shall be given under separate 
heads : 

1. The amount in the treasury at the beginning of the 
year. 

2. Amount received from the state fund. 

3. . Amount collected by town treasurer. 



172 

4. Amount received from all other sources. 

5. The manner in which such sums have been expended, 
specifying the amount paid under each head of expenditure. 

6. Amount remaining in the treasury. 

7. Amount of indebtedness of the township district, and 
when and how payable. 

The secretary shall accompany the above statement with 
estimates of the board of the amount necessary for the sup- 
port of schools during the year beginning on the first day 
of July next following, specifying the sums needed, under 
the following heads : 

1. Amount for teachers' wages. 

2. Amount for school-house sites, and for building, hiring 
or purchasing school-houses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, 
maps, globes, charts, and for all needful school room appur- 
tenances. 

5. An amount not to exceed one hundred dollars to pur- 
chase library books. 

Section 535. It shall be the duty of the town board of 
supervisors of each town in the state to present the state- 
ments and estimates above mentioned to the electors of the 
town at the annual town meeting or election, and the items 
of said estimates shall be passed upon separately by a vote 
of the electors present; but upon motion they may be in- 
creased or diminished; and if for any reason, money for the 
support of schools shall not be voted at the annual town 
meeting, or a sufficient amount shall not then be voted, the 
supervisors shall present the estimates before mentioned to 
the electors at the general election in the fall for a vote 
thereon. 

Section 536. The secretary shall furnish school. registers 
in the form prescribed by the state superintendent, in which 
every teacher in the town shall be required to enter the 
names, ages and studies of all the scholars attending 
school, and daily, their attendance and absence, which regis- 
ter shall be deposited with the clerk of the subdistrict at 
the end of each term of school. 

Section 537. It shall be the duty of the secretary, on or 
before the first day of August in each year, to make and 
transmit to the county superintendent a report in writing 
bearing date on the first day of August in the year of its 
transmission, stating: 

1. The whole number of subdistricts separately set off 
within the town, and the number of parts of joint subdis- 
tricts in which the school-houses belonging thereto are 
located in his town. 

2. The subdistricts and parts of subdistricts from which 
reports shall have been made within the time limited for 
that purpose. 



173 

3, The length of time a school shall have been taught in 
each of said subdistricts or parts of districts by a qualified 
teacher, 

4. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty years, residing in each, designating males and 
females separately. 

0. The whole amount of money received in the town for 
school purposes, since the date of the last preceding report, 
setting forth separately the amount received from the state 
through the county treasurer, thf' amount levied by the 
county board, and the amount raised by the town at its 
annual town meeting or general election. 

6. The manner in which said money has been expended, 
and whether any, or what part remains unexpended, with 
such other information as the state superintendent may 
from time to time require. 

Section 538, The town clerk shall assess all sums voted 
at the annual meeting, or at the general election, for the 
support of schools, upon the real and personal property of 
the town, as found in the assessment roll for the year in 
which said money is voted, and the sums so assessed shall 
in all respects be collected or returned delinquent like other 
taxes, and when collected, the money shall be held by the 
treasurer, and by him paid out on the order of the president 
and secretary of said board.- 

Section 539. If for any reason the electors of a town 
shall fail to vote an amount of money sufficient to maintain 
a school in each subdistrict for the term of six months dur- 
ing the year ensuing, the secretary shall, on or before the 
third Monday of November of the year in which the electors 
shall fail to vote as aforesaid, certify to the town clerk the 
amount estimated by the board of directors, necessary for 
teachers' wages, fuel, repair of school-houses, and incidental 
expenses, and the town clerk shall assess the aggrega.te 
sum thus certified, upon all the taxable property of the town 
in the assessment roll for that year, and the town treasurer 
shall collect the same as other taxes. 

The certificate of the secretary to the town clerk should 
be made on or before the third Monday in November, See 
section 472. 

Section 540. The town treasurer of each town shall ap- 
ply for and receive from the treasurer of his county all 
money apportioned for common schools in his town and pay 
out the same, together with all money collected or received 
by him for school purposes, upon the order of the president 
and secretary of the town board of directors. 

Section 541. The annual meeting of each subdistrict 
shall be held on the first Monday in July in each year. 



174 

The time of such meeting shall be seven o'clock in the after- 
noon. 

Section 542. The inhabitants qualified by law to vote at 
a subdistrict meeting when assembled in annual meeting, 
shall have power, and it shall be their duty: 

1. To appoint a chairman for the time being. 

3. To appoint a secretary if the district clerk shall be ab- 
sent. 

3. To choose a clerk. 

4. To recommend to the town board of directors the num- 
ber of months they desire to have school maintained in their 
subdistrict the ensuing year, and whether they desire a 
male or female teacher; the improvements and repairs 
which ought to be made on the school-house, outhouse, and 
grounds ; what maps and charts or other aids in teaching 
should be furnished, and generally any thing, matter, or 
plan, which, in their judgment, will advance the cause of 
education and benefit the school of their subdistrict. 

Section 543. The clerk shall record the proceedings of 
all district meetings; shall certify to the town board of di- 
rectors any recommendations adopted by the electors of his 
subdistrict, in accordance with the provisions of the pre- 
ceding section, and shall have charge of the school-house, 
and of all property therein or belonging or attached thereto, 
subject to the order or direction of the board of directors. 

Section 544. The clerk of the subdistrict shall be a member 
of the town board of school directors, shall attend all meet- 
ings of the board, and shall carry out all lawful orders of 
the same having reference to the school-house of his dis- 
trict, or the school maintained therein. It shall be the duty 
of the subdistrict clerk, between the tenth and fifteenth 
days of July in each year, to make and transmit to the sec- 
retary of the town board of school directors a written re- 
port, dated on the tenth day of July of such year, signed 
by him and verified by his affidavit, showing: 

1. The number of children, male and female, designated 
separately over the age of four and under the age of twenty 
years, residing in the district, and the names of their par- 
ents or other persons with whom such children resided, re- 
spectively, on the last day of June preceding, 

2. The whole number of children, males and females 
designated separatel3^ between the ages of four and twenty 
years, taught in the district school during the year for 
which such report is made, by teachers duly qualified. 

3. The number attending school during the year, under 
the age of four, and the number over tbe age of twenty 
years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidaj^s, and the whole 
number of days, including holidays, such school has 
been taught by teachers qualified according to law. 



175 

5. The names of all teachers employed during the year^ 
the number of days taught by each, including holidays, 
and the monthly wages paid to each ; ctnd the time allowed 
any teacher for attendance on any institute, for which no 
wages were deducted. 

6. The kind of books used in the school. 

7. Such other facts and statistics in relation to the 
schools, public or private, in such district, as the state 
superintendent may from time to time require. The clerk 
of each joint subdistrict shall report to the secretary of the 
town board of school directors, or to the town clerk of each 
town, as the case may require, a part of which is embraced 
in such subdistrict, the number of children residing in such 
part, in the manner set forth in this section, and the re- 
mainder of the items specified in this section shall be em- 
braced in the report made to the town in which the school- 
house is situated. 

Section 545. The subdistrict clerk shall give at least six 
days' notice of every annual meeting of the electors of his 
subdistrict, by posting notices therefor in four or more pub- 
lic places in the subdistrict, one of which notices shall b© 
aflBxed to the outer door of the school-house if there be one 
in the subdistrict; and he shall act as secretary of all meet' 
ings when present. 

Section 54G. When a new subdistrict is formed or a 
vacancy occurs in the office of the subdistrict clerk, the 
executive committee of the board of directors shall appoint 
a clerk, wbo shall hold his office until the annual meeting 
of the subdistrict succeeding such appointment. 

Section 547. When a subdistrict is composed of parts of 
two or more towns, the board of directors ot the town in 
which the school-house is situated shall have the entire 
control of said subdistrict, and shall maintain school therein 
as in other subdistricts; and the clerk of such joint subdis- 
trict shall be a member of the board of directors of said 
town. At the annual meeting in July, the board of direct- 
ors shall calculate and determine the cost of maintaining 
the schools m said joint subdistrict for the year ending on 
the last day of June preceding the meeting of the board, 
and the secretary shall certify such amount to the secre- 
tary of the board of each town embraced in part in such 
joint subdistrict, together with the assessed valuation of 
said subdistrict, and each part thereof, as found in the as- 
sessment roll of the said town for that year; on the receipt 
of such certificate, the secretary of the board of directors 
of each of said towns shall draw an order on the treasurer 
of his town in favor of the town in which the school-house 
of said j"oint subdistrict is situated, for such a proportion of 
the whole cost of maintaining said school as aforesaid, as 
the assessed value of the property of his town, embraced in 
said joint subdistrict, is to the whole valuation thereof; 



176 

unless the proportion of such school-district taxes to be 
assessed in each such town shall have been ascertained, as 
provided in section -tTl, in which case he shall draw his 
order for such proportion, and said order shall be paid out 
of any nione}'" in the hands of said treasurer collected or 
received by him for the support of schools in his town. 
"<« Section "'^-48. In case either of the towns embraced in 
part in said joint subdistrict shall not have adopted the 
township system of school government, the certificate be- 
fore mentioned shall be made to the clerk of said subdis- 
trict. and it shall be his duty to incorporate the propor- 
tional sum mentioned in the preceding section in the 
returns of district taxes made by him to the town clerk of 
the town not having adopted such system, on the third 
Monday in November succeeding the receipt of said certifi- 
cate; and the said sum shall be assessed and collected with 
the other taxes of that part of the joint subdistrict, and 
shall be paid over by the town treasurer collecting the same 
to the treasurer of the town in which the school -house of 
said joint subdistrict is situated. 

Section 549. When the school-house of a joint subdis- 
trict is situated in a town which has not adopted the town- 
ship system of school government, the taxes for the support 
of schools shall be raised, assessed, and collected as pro- 
vided in this chapter; but if any portion of said joint subdis- 
trict shall be embraced in a township which has adopted the 
township system, then the proportion of any district tax, 
which should be assessed upon the property of such part of 
said subdistrict, shall be certified by the town clerk of the 
town in which the school-house of said subdistrict is situated, 
to the secretary of the town board of directors of the town 
comprising the part of the said joint subdistrict before men- 
tioned; and said secretary shall draw an order upon the 
town treasurer of his town in favor of the treasurer of the 
joint subdistrict for the amount of tax tlius certified; and 
the said town treasurer shall paj^ the same out of any 
money held or received by him for school purposes. 

Section 550. Prior to the erection of any school-house by 
the board of directors, they shall estimate and determine 
the valuation of all the school-houses and sites in their town, 
and, w^ien so determined, the secretary shall place upon 
record a tabular statement, containing the number of each 
subdistrict, the value of its school-house and site, and the 
valuation of its taxable property as appears from the last 
assessment roll of the town; and thereafter, for a period of 
ten A-ears from the date of the meeting at which such de- 
termination of values was had, when a tax shall be voted 
to build a school-house or purchase a. site, such tax shall be 
so distributed and assessed upon the several subdistricts, 
that those having the least amount invested in school- 
houses and sites in proportion to the assessed valuation of 



177 

their property, as appears from the record made at the time 
of the determination of vakies aforesaid, shall pay most 
toward said tax in proportion to the valuation of the prop- 
erty at the time the tax is assessed, in order that the sums 
paid by the different subdistricts in the town for the pur- 
chase of sites and the erection of school-houses shall be 
equalized ; but if the board of directors of any town shall 
decide that taxes for the purchase of sites and the erection 
of school-houses shall be assessed equally upon property, 
then the aforesaid provision in reference to equalizing such 
taxes shall not be operative in such town. 

Section 551. Whenever the territory of a school-district 
of an incorporated village shall extend beyond the limits 
of such village, the whole of such territory shall remain in 
such district, and form a part thereof until detached by 
authority of law; and such district and every village con- 
taining a graded school of three or more departments shall 
be exempt from the provisions of this chapter relating to 
the township system, except as hereinafter provided. 

Section 552. The legal voters of any town in the state 
may at any annual town meeting, or at any general elec- 
tion, vote upon the question of township school govern- 
ment. Such voting shall be by ballot, and the ballots used 
shall have written or printed thereon the words, "township 
school government, yes;" or the words, "township school 
government, no." A separate box shall be provided for 
the reception of said ballots, and the votes cast shall be 
counted, canvassed, and a record thereof made as in case 
of other votes cast at such election; and if it shall appear 
that a majority of the ballots cast have written or printed 
thereon the words, "township school government, yes," 
then the provisions of this chapter, providing for the 
township system, shall immediately become operative in 
such town, otherwise they shall have no force or effect 
therein. Ko vote shall be taken on the question of town- 
ship school government in pursuance of this chapter un- 
less notice thereof shall be given as hereinafter pro- 
vided. The town clerk of any town, upon the petition in 
writing of any ten electors of said town, shall publish by 
posting in three of the most public places in said town, 
a notice in writing that the question of township school 
government will be submitted to the electors of said town 
at the ensuing annual town meeting or general election. 
Such notice shall be so published and posted at least ten 
days before the holding of any such town meeting or elec- 
tion; and any town having adopted the township school 
government according to the provisions of this chapter, may 
abolish the same at any town meeting or general election, 
in the same manner as provided for its adoption in this sec- 
tion; but when the system of township school government 
shall be adopted, it shall continue in force two years from 



178 

the date of its adoption, before the question of abolishing 
it shall be acted upon. Whenever the electors of any in- 
corporated village, having a graded school with three or 
more departments, shall desire to adopt the township sys- 
tem of schools, they may vote upon the question at any 
charter or general election held in such village; such vote 
shall be by ballot of the form above described, and upon like 
notice, and if a majority of the votes cast upon that subject 
shall be in favor of the adoption of said system, then such 
village shall become a part of the township system, of the 
town in which the same is situated. Whenever any town 
having adopted the township system of school government 
shall vote to abolish the same, it shall be the duty of the 
town board of supervisors, on or before the first day of June 
next succeeding the date at which the. vote was taken, to 
meet, and by an order made in pursuance to section 413, of 
chapter 27, of the revised statutes, divide the town into 
suitable independent school-districts, making the order to 
take effect on the first day of July next following. The 
subdistrict clerks and the secretary of the town board of di- 
rectors for the year preceding, shall make the necessary 
annual reports for the year ending on that day, as required 
by law, although the offices held by them shall have been 
abolished. 

Section 553. Whenever any school-district in any town, 
adopting the township system, shall be indebted at the time 
of such adoption upon a loan from the state, or otherwise, 
such district shall remain liable for the payment of such in- 
debtedness, and no alteration of the boundaries of such dis- 
trict as a subdistrict in such town shall ever be made until 
such debt is fully paid, except as is pro voided in section two 
hundred and sixty-three. The clerk of such subdistrict shall 
annually certify to the town clerk the sum necessary to be 
raised as taxes in such subdistrict for the payment of such 
indebtedness, with interest thereon in the same manner and 
with like effect, as the clerk of such district was required by 
law to certify the same, and the town clerk shall extend the 
amount of such taxes upon the tax roll, upon the taxable 
property of such subdistrict, in like manner as if the same 
had been certified by the clerk of such district; and the same 
shall be collected by the town treasurer and be applied by 
him exclusively to the payment of such debt. 

Chapter 204, Laws of 1885. 

Section 1. Whenever any town in this state shall have 
attempted to adopt the township system of school govern- 
ment, under and pursuant to section 552 of the revised stat- 
utes of 1878, the validity of any and all taxes for school 
purposes heretofore or hereafter levied and assesed in any 
such town, shall not be questioned in any action or proceed- 



179 

ing heretofore or hereafter commenced, so far as the regu- 
larity of the proceedings of any such town, in the adoption 
of such township system of school government is concerned, 
unless the plaintiff shall show that he would be required to 
pay more than his equitable proportion of taxes; and any 
and all school taxes heretofore levied in any such towns 
which have been voted at the annual town meeting, are 
hereby declared to be legal and valid, even though the pro- 
visions of section 535, of the revised statutes of 1878, shall 
not have been in all respects complied with. 



Chapter 354, Laws of 1885. 

Section 1. The board of school directors of any town in 
which the township system of schools exists may borrow 
money from the trust funds of the state for the purpose of 
building school-house or school-houses, and the commis- 
sioners of public lands are hereby authorized to loan 
money from the trust funds of the state to the board of 
school directors of any town in which the township system 
of schools exists upon their compliance with the following 
rules and regulations: 

1st. If at an annual meeting of the electors of such town 
a resolution shall be voted on by ballot and adopted, author- 
izing the said town board of school directors to make appli- 
cation to the commissioners of the public lands therefor, 
stating the amount to be borrowed, and the time of pay- 
ment. 

2d. Such authorization may be given such town board 
of school directors by a special meeting of such electors 
called in the same manner as special town meetings are 
provided to be called by the revised statutes. 

Section 2. After such authorization shall be given, the 
whole matter of such loan, both as to amounts and time of 
payment, as well as all other matters pertaining to same, 
shall be governed and controlled by the general law gov- 
erning loans from the trust funds of the state to school- 
districts, found in sections 261, 262 and 263 of the revised 
statutes, except that the application shall be made and 
signed by the president, vice-president and secretary of 
such board, and the notes given as evidence of such debt 
shall be signed by the same three officers. The town treas- 
urer shall receive and receipt for the moneys received on 
such loan, and pay it out as other moneys belonging to 
such township district for the purposes as provided for in 
section one of this act. 

The changes in the law relating to township system of 
school government are numerous and important, and should 
be carefully noted by the administrative officers under that 



system. Among the more important changes, will be 
found, a change in the time of holding annual meetings in 
subdistricts, to tlio first Monday in July; one requiring 
clerks of subdistricts to make an annual report to the sec- 
retary of the town board of directors; one requiring con- 
tracts with teachei-s to be in writing, and with a copy of 
the 'teacher's certihcato attached, filed in the office of the 
secretary; and one providing for organizing independent 
school districts, when a town having the township system 
votes to abolish the same. 

Not many towns have as yet made trial of the system 
provided for in tlie preceding sections. There is a natural 
hesitation in changing from the methods of school manage- 
ment with which people are familiar, to others that are new 
to them. It will be seen that section 552 provides tliat any 
town which adopts the system and is not satisfied with it. 
can return to the old one, but not till after a. trial of two 
years. With a little patience, however, and a willingness to 
consider the general good rather than local advantage, the 
town organization will be found much better than the plan 
of single, independent districts. 

The advantages of the system may be briefly restated, at 
this time, under the following heads: 

1. It would promote economy and simplicit3^ A town 
with ten districts, not an unusual number, requires the ser- 
vices of thirty school officers, besides those of the town 
clerk, the town treasurer, and the town board, in the admin- 
istration of school affairs. A board of five directors, with 
the town treasurer, would do all the business more intell 
gently, more eificientl5% and at much less expense. 

2. It would aid in securing peace and quiet. As shown by 
numerous appeals taken to the state superintendent, and by 
the correspondence of the office, there are constant disputes 
about district boundaries, the lawfulness of the action of 
district meetings or district boards, to the great detriment 
of the schools. Under the consolidated system, this trouble 
would mostly disappear. Each voter would'have, as now, a 
voice in the election of the school officers, and in the deter- 



181 

mination of the school policy. Each tax-payer would pay 
his school taxes for the general good, and be allowed to 
send to the most convenient and appropriate school. 

3. School taxes would be uniform and equitable. Public 
schools are for the public good, and should be supported at 
the public charge. The state school tax, supplementing the 
income of the school fund, leaves the local taxation lighter, 
and the burden of sustaining the schools is still further 
equalized. 

4. The schools would also be much more uniform, and of 
better average quality. At present, we find an excellent 
school, perhaps, in one district, and in the next a poor one; 
chiefly, sometimes, because the people are poor. But the 
state cannot afford to tolerate poor schools. 

5. Graded schools are generally out of the question, un- 
der the present system. Under a town system, they could 
be much more readily introduced, as increase of population 
and the advancement of pupils might render it desirable. 
A considerable number of towns could at once establish a 
central school of higher grade, open to all pupils of sufficient 
advancement. This would, in effect, grade the other schools. 
Some advantages, beyond those of elementary instruction, 
would thus be attainable, more especially in towns embrac- 
ing villages. 

6. A course of study could be much more readily intro- 
duced, and made uniform. 

7. Text-books and apparatus could be uniformly and 
adequately supplied, and at reasonable rates. 

8. Teachers would be employed for their fitness, be 
longer retained, and would do far better work. A superior 
teacher would naturally be secured for the central school of 
highest grade, if established, who would diffuse correct 
methods of teaching through all the schools. 

9. Supervision, now almost a nullity, would be exercised 
by such head teacher, or by the secretary of the tgwn board; 
and the general care of the schools on the part of the county 
superintendent would be properly supplemented. 

10. School-houses would be better, and better located, the 

13— S. C. 



'^ 



182 

law providing, as it does now, for the equalization of costj, 
for a series of years. 

11. Town libraries would naturally and readily connect 
themselves with a town system of schools, greatly to the 
public benefit. 

13. Statistics would be uniform, reliable, and of some 
value. 

No human system is perfect. The school system here 
advocated opens possibilities, nevertheless, which cannot 
be realized under the present one, except in rare cases. It 
would certainly render it practicable to make the bulk of 
the country schools much better than they now are. The 
town system, as distinguished from the single district sys- 
tem, is in fact the original school system of our country. 
This subject is discussed in the report of the state superin- 
tendent for 1879. The system should, therefore, be enacted 
into law, without much longer delay. The present permis- 
sive law was intended as an experiment. Though well 
devised, in the main, it retains too much of the present sys- 
tem, and should be carefully recast. 



XVI. OF THE DISTRIBUTION OF THE SCHOOL 
FUND INCOME. 

As amended by Chapter 134, Laws of 1885, and Chapter 277, Laws of 1887, 

Section 554. The school fund income which shall have 

.^. ^ been received up to and including the first day of June, shall 

^^ be appoitioned by the state superintendent between the 

y tenth and fifteentii days of June, in each year. Such appor- 

Qs^ tionment shall be mdde among the several counties, and the 

several towns, specially incorporated villages, and cities in 

(jvs,' each county, according to the number of children in each 

\J over the age of four and under the age of twenty years, 

^^ as shown by the reports made to the state superintendent 

n3 d.uring the year preceding; but no apportionment shall be 

^made to any town, village or city which shall have failed 
to raise by tax during the preceding year, for the support 
of common schools therein, a suni equal to the amount of 
.^^ its share from the school fund income, as determined by the 

county board of supervisors, in pursuance of section 1074,»^ 
revised statutes, unless the town or village board or com- 
mon council of such city so failing shall have transferred. 



183 



as they are hereby authorized to do, from the general fund 
to the school fund of the town, village or city, for such pur- 
pose, the amount of deficit in such school tax, and the town, 
village or city clerk shall have filed with the state superin- 
tendent his certificate, showing such transfer to the school 
fund, and his apportionment thereof to the proper school 
districts, or transfer to the board of education, before the 
tenth day of June; and no apportionment shall be made to 
any city, village or town for any school-district therein, for 
any year during which such district shall not have main- 
tained a common school, taught by a qualified teacher, for 
six months, unless the state superintendent shall be satis- 
fied that the school was so taught for three months^ and the 
failure to maintain it for the full six months was occasioned 
by some extraordinary cause, and not arising from neglect or 
intent to avoid the legal obligation ; nor to any town, vil- 
lage or city, nor for any school-district, reports of which as 
required by law, shall not have been made and transmitted 
during the preceding year to the state superintendent; nor 
to any city for any year, the report for which shall not show 
that the number of children between the ages aforesaid re- 
siding therein, has been ascertairiftd bv an actual census, 
taKen under tniBLi'ssp-ii^rt iBoijnod hb jo pu^ 'suoprtzunssjo ■'■" /^T./^+ki/M 



uuu^y iidrViiig l-od xiu JO soLTBtnud uouoap aqx •iuotjoss 



by their 
purpose. 



clerk •^■^^'^noj ^w ^OBua op 'A^qmassu ptiB ojBtins nt 
;u3S3Jd3J 'iiisuoosij^ JO a^Tj^s aqj jo a^dood aqj, 
j ' •siin);TqT3quj 

>'0ox Stiipaaoxa nopTJindod v gnjABq saijunoo 
I s'l.inuiTid uoijoaia jo }uatmi.iaAoX pnu 
The change lUiob 'uoininSa-i sqi lof epiAOid 0} XOV MV 

" 'est aaxdVHO 

that clause VJSI 'si -^^'K P^qsuqnd] [-V '981 -ON 



make any aiji oj ^^x jtav i^aata aq^o ginsodsiai/, 

■^ -^ .jaO 0} sdBui pvoj[iu}j jo aotjnqiijsio: jc 

which fails to r^^^^ ^.pf'^av oi uoptujdojddv (m'mi 

5 pun smnqo jo juamamag jrauad oj/^ 
+1tp> p-n-nnrfinnm^A tusiioosiAS. o} pan'udojddy ooy'ocs T 
uiio a^j^jyji. uiviiiiij. 'X^aioos iRiniiiioi.iSv s^wig oj xiuoi i 
fliA pminfv ]-,^gfl9-l 8nn^SanjO)p93midojddyooTS9 
liiitJ UUUiiLj UUcf):j sainjujs pai'cqounY JO noimqijistdc 

1 07 J. nf f hp rf^TT^ '^^"-'"^ '"^"^ °^ r^aiifi.idojddy o6lSZ 

L\Jt-k OI lllKi levij puB aonod }0 s.iaquiaj^ iioisiiaj oxig 

I ' •sranmtajj j 

Bjon ■nT auamaAOjdrai aSwjhooujr oxU 

\ tioiiWiuiuosifi guijiqiqoij ^oy uv's 

'b es-Bqoj'nfi aqj aof apiAOJj oj joy nyig 

19 '0 05 oni-T^ "IT-l-'r.S JO uon'Bijdo.iddvii 

liTOJOPH; oxq^HJBqo oj tioijtiijdojddy 'f 

Section 1. '"jJOnqnci aoj apTAcij oj uoi^niidojddy g 

, , , *p 9 uraTiny jaj boO'oS JO noijmjdojddyif 

a state tax OI C^ub SuTqsTiqna joj aptAOjj; 0} py uy g 

ntirm of flTp fn-yi sAVBi 'o-.c jajdijqo itJsdaH ouoy ny S 

ciunjij. \jL Lia.c iJO-^d^qQ ;o tiouTssnadtaoQ Smxi^ joy uyii 

when so levied StnnsiA aAij^isiSaT 0} uoiitJudo.Tddy|g 

ar>>ior,l fnn/l in ^^"^''I -J" °n™oog ai^inSa^ oj joy uy z 

OuiiUUi lUiiu liij-B UT3IUSS0JI diniqd: 0} uoijBiidoiddy 9 



quired by law i 
fund income 



manner and un ^iisuoostav o; ooo'i-s jo uopBpdoiddy z 

f no joq'B^ loj uaii apiAoaj o} joy ny z 

Jig oj luiOHTw JO AjTo aqj azuoqjny ox I 

■at jjnoo iBdioiuriK ajuajo oj joy uy f 

JO :3ijajo jtjanonBJS aoj IjBiiig Sutxiqlg 

TVi i « fl nt -nvi '^I^ ^l^'^-^X sqi 9J'c;iodaooni oj joy uy \z 

-Liiio ciuu JJJ-^^jauoiJBjg asuqojnj; OJ uoxjBijdoaddy!^ 

for 'the snpp^y ^ ^° ^wstg loogog Jimjak 6% joy uy g 

from this sou: 



6 \?.9f 
I \Lff 
9 88^ 
,8 !0X^ 
6 IS68 
TXI88 
Ot f<2S 
I [oSG 
9 088 
8 iSS 




yn, or other 
3ls therein, 
nt for that 



"™ection is in 

jotendent to 

-o( or village 

its share of 

srmined by 

of section 



d annually 

issed valu- 
Ji amount, 

le common 
the same 

'ictions re- 
_ion school 

ing money 
it received 
ity boards 






^ 



-^5 



4 



184: 

of supervisors in determining the amount to be raised 
by each town, city and village, as a county school tax, and 
the tax thus levied must be equal to the amount received 
from the school fund income and this state tax together; as 
this amount derived from the tax is to be disbursed in the 
same manner and under the same conditions and restric- 
tions now prescribed by law for the disbursement of the 
school fund income. 

Under section 1074, of the revised statutes, the county 
board is required to levy a tax upon each town for the sup- 
port of common schools therein the ensuing year, which 
shall not be less than the amount apportioned to such town 
in the last apportionment of the income of the school fund. ^' 
In case of new towns where no apportionment was made tb 
such new town by the county board, then the tax levied by 
the town should be proportionate to that levied upon the 
other towns. 

If by any mistake or oversight an amount less than that 
last apportioned is levied upon any town, the town board is 
authorized under the foregoing section, to transfer the de- 
ficiency from the general fund to the school fund of the 
town, and the town clerk will certify to the state superin- 
tendent that ' the transfer has been made, and that the 
money has been properly apportioned. The town is then 
entitled to receive its share of the income of the school 
fund. But under section 1075, the deficiency in the tax is 
to be added to the school tax levied the ensuing year. 

Formerly the legislature, by special acts, authorized the 
apportionment of school money to districts which had been 
prevented from maintaining five months' school, in conse- 
quence of the burning of the school-house, the prevalence 
of an epidemic disease, or any similar extraordinary cause, 
if there had been as much as three months' school, and the 
general law is to be interpreted in the same spirit. 

Section 555. The state superintendent shall certify the 
apportionment made as aforesaid to the secretary of state, 
and shall immediately give notice thereof to each county 
•clerk and county treasurer, stating the amount apportioned 
to his county, and to each town, village and city therein. 
Upon receiving such apportionment, the secretary of state 



185 

shall draw his warrant upon the state treasurer, payable 
to the proper county treasurer, for the total amount appor- 
tioned each county. 

Section 550. Whenever any officer shall omit to make, 
within the time fixed, any statement or report required to be 
made to the state superintendent, he shall notify such offi- 
cer by mail or otherwise, of such omission, but the failure 
of the state superintendent so to do shall in no manner affect 
the consequences of such omission. If, at any time within 
two years after an apportionment, in which any town, vil- 
lage, city or school- district was excluded upon any ground 
mentioned in section five hundred and fifty-four, satisfac- 
tory evidence shall be filed with the state superintendent that 
such exclusion was due to some mistake or omission of some 
officer, and that such town, village, city or school-district was 
legally entitled to have shared in such apportionment, the 
state superintendent shall certify such facts, and the 
amount justly apportionable thereto to the secretary of state, 
and notify the county clerk and treasurer of the proper 
county thereof. The secretary of state shall draw his war- 
rant therefor, and the money shall be paid from the school 
fund income for the use of such town, village, city or school- 
district, as if originally apportioned. 

Section 557. Each county treasurer shall apply for and 
receive the school money due his county as soon as appor- 
tioned, and shall immediately give notice in writing of the 
amount apportioned to each town, village, and city in his 
county to the treasurer and clerk thereof, respectively, and 
shall pay the same to each such treasurer on demand, who 
shall pay the same to the proper school treasurer, as pro- 
vided by law. If any such town, village or city treasurer 
shall not demand such money before the next receipt of 
school money apportioned to such county, the county treas- 
urer shall add such sum remaining in his hands to the 
money so next received, and distribute the same therewith 
and in the same proportion among the several towns, vil- 
lages, and cities entitled thereto in such county. 

As amended by Chapter 275, Laws of 1887. 

Section 558. The town clerk shall apportion all school 
money received from the state, and also all raised by the 
town, among the several districts and parts of districts 
within the town, in proportion to the number of children 
between the ages of four and twenty years, residing in each, 
taking such number from the last annual reports of their 
respective clerks. But if, after the date of such reports, 
any district shall have been altered or a new one formed, so 
as to render an apportionment founded on such annual re- 
ports unjust between any districts, the town clerk shall ascer- 
tain the number of such children residing in each district 
thus altered and formed, by the best evidence within his 



186 

reach, and apportion the school money to such districts in 
proportion to the number of such children residing therein 
at the time the apportionment is ma,de; provided, however, 
that the town clerk shall not include any children in his ap- 
portionment to such districts who would not have been en- 
titled to share in the apportionment if they had remained in 
the districts divided. No money shall be apportioned to any 
district, or part of a district, except as herein provided and 
as provided in section 554, of this chapter, by the discretion 
of the state superintendent, unless the last annual report 
thereof, verified by the affidavit of the district clerk, shall 
'show that all school money received from the state during 
the year ending with the date of suph report, has been ap- 
plied to the payment of the wages of a legally qualified 
Jeacher, and that a school has been taught in such district 
by such a teacher, for at least six months during the year 
ending with the date of such report; but any time which 
such report shall show was spent by such teacher in attend- 
ance on an institute in the county, and given by the dis- 
trict board without deduction from such teacher's wages 
therefor, shall be included as part of such six months. 

This section is amended to provide for the apportionment 
of public funds by town clerks to districts which are formed 
or altered after the annual reports are made to him by dis- 
trict clerks, and before an apportionment is made. The law 
now requires apportionment to be made to sucli districts in 
proportion to the number of persons of school age residing 
in each at the time the apportionment is made, taking into 
the account only such children as would have been entitled 
to be included, if they had not been transferred from one 
district to another. If children are transferred from a dis- 
trict which did not maintain the required months of school, 
by a legally qualified teacher, or from territory not included 
in any school-district, they are not to be counted. 

Section 559, All money apportioned by the town clerk to 
any district or part of a district, which shall have remained 
in the hands of the town treasurer for one year after such 
apportionment, by reason of such district or part of district 
neglecting or refusing to receive the same, shall be added to 
the money next thereafter to be apportioned by such town 
clerk to the several districts and parts of district in such 
town, and apportioned therewith. 

Section 560. In reckoning school months, twenty days, as 
specified in section four hundred and fifty-nine, shall consti- 
tute a month, and one hundred days five months. 



187 

It is to be carefully noted that all moneys apportioned by 
the town clerk, must be apportioned according to the num- 
ber of persons over four and under twenty years of age re- 
siding in the several districts and parts of districts of his 
town, in which school has been maintained the required 
number of months during the past year. Money must not 
be apportioned to any district that does not furnish the evi- 
dence required by section 558: 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

3. That the school was maintained the required number 
of months during the year, and, 

4. That an amount equal to that received from the income 
of the school fund, has been applied to the payment of 
teachers' wages. 

No new district is entitled to any public money until it 
shall have had six months' school; but, if an alteration of 
a district be made, and a new district be formed as the result 
of such alteration, between the time of making the annual 
report and the time for making the next apportionment, the 
money drawn on account of the pupils thus set off from a 
district, after being reported as pupils of that district, must 
be paid to the district in which such pupils are found. 

Public money of any kind remaining in the hands of the 
town treasurer for one year after having been apportioned 
by the town clerk, must be added to the amount to be ap- 
portioned for the next year. 

XVII. OF THE UNIVERSITY. 
Chapter 25, Revised Statutes. 

Section 377. There is established in this state at the city 
of Madison, an institution of learning by the name and style 
of *'The University of Wisconsin." 

As amended by Chapter 289, Laivs of 1889. 

Section 378. The government of the university shall vest 
in a board of regents, to consist of one member from each 
congressional district of the state, and two members from 
the state at large, to be appointed by the governor, and of 
the ex-officio members hereinafter mentioned. The term of 



188 

office of the appointed regents shall be three years from the 
first Monday in February in the year in which they are 
appointed, unless sooner removed by the governor; but ap- 
pointments to fill vacancies before the expiration of the 
term shall be for the residue of the term only. The state 
superintendent of public instruction shall be ex-officio a 
member of said board of regents. The president of the 
university shall also be ex-officio a member of the board of 
regents and a member of all its standing committees, but 
he shall have the right to vote only in case of a tie. 

Section 379. The board of regents and their successors in 
office, shall constitute a body corporate, by the name of 
" the regents of the university of Wisconsin,'' and shall pos- 
sess all the powers necessary or convenient to accomplish 
the objects and perform the duties prescribed by law, and 
shall have the custody of the books, records, buildings, and 
all other property of said university. The board shall elect 
a president and a secretary, who shall perform such duties 
as may be prescribed by the by-laws of the board. The 
secretary shall keep a faithful record of all the transactions 
of the board, and of the executive committee thereof. The 
state treasurer shall be the treasurer of the board, and per- 
form all the duties of such office, subject to such regula- 
tions as the board may adopt, not inconsistent with his 
official duties, and he and his sureties shall be liable, on his 
official bond as state treasurer for the faithful discharge of 
such duties. 

Section 380. The time for the election of the president 
and secretary of said board, and the duration of their re- 
spective terms of office, and the times for holding the regu- 
lar annual meeting, and such other meetings as may be re- 
quired, and the manner of notifying the same, shall be 
determined by the by-laws of the board. A majority of the 
board shall constitute a quorum for the transaction of busi- 
ness, but a less number may adjourn from time to time. 

Section 381. The board of regents shall enact laws for 
the government of the university in all its branches; elect 
a president and the requisite number of professors, instruct- 
ors, officers and employes, and fix the salaries and the term 
of office of each, and determine the moral and educational 
qualifications of applicants for admission to the various- 
courses of instruction; but no instruction, either sectarian 
in religion or partisan in politics, shall ever be allowed in any 
department of the university; and no sectarian or partisan 
test shall ever be allowed or exercised in the appointment of 
regents, or in the election of professors, teachers, or other 
officers of the university, or in the admission of students 
thereto, or for any purpose whatever. The board of regents 
shall have power to remove the president or any professor, 
instructor, or officer of the university, when, in their judg- 
ment, the interests of the university require it. The board 



189 

may prescribe rules and regulations for the management of 
the libraries, cabinet, museum, laboratories, and all other 
property of the university, and of its several departments, 
and for the care and preservation thereof, with penalties 
and forfeitures, by way of damages, for their violation; 
which may be sued for and collected in the name of the 
board, before any court having jurisdiction of such action. 

Section 382. The board of regents are authorized to ex- 
pend such portion of the income of the university fund as 
they may deem expedient for the erection of suitable build- 
ings, and the purchase of apparatus, a library, cabinets and 
additions thereto, and, if they deem it expedient, may 
receive, in connection with the university, any college in 
this state, upon application of its board of trustees; and 
such college, so received, shall become a branch of the uni- 
versity, and be subject to the visitation of the regents. 

Section 383. At the close of each fiscal year, the regents, 
through their president, shall make a report in detail to the 
governor, exhibiting the progress, condition, and wants of 
each of the colleges embraced in the university, the course 
of study in each, the number of professors and students, 
the amount of receipts and disbursements, together with the 
nature, costs, and results of all important investigations 
and experiments, and such other information as they may 
deem important, one copy of which shall be transmitted 
free, by the secretary of state, to all colleges endowed under 
the provisions of the act of congress, entitled, "An act donat- 
ing land to the several states and territories which provide 
colleges for the benefit of agriculture and the mechanic 
arts,"' approved July 2, 1862; and also, one copy to the sec- 
retary of interior, as provided in said act. 

Section 384. The president of the university shall be 
president of the several faculties, and the executive head of 
the instructional force in all its departments; as such he 
shall have authority, subject to the board of regents, to give 
general direction to the instruction and scientific investiga- 
tions of the several colleges, and so long as the interests of 
the institution require it, he shall be charged with the duties 
of one of the professorships. The immediate government 
of the several colleges shall be intrusted to their respective 
faculties, but the regents shall have the power to regulate 
the courses of instruction, and prescribe the books or works 
to be used in the several courses, and also to confer such 
degrees and grant such diplomas as are usual in universities, 
or as they shall deem appropriate, and to confer upon the 
faculty, by by-laws, the power to suspend or expel students 
for misconduct or other cause prescribed in such by-laws. 



190 



Sections 385 and 386, Revised Statutes, as amended by Chapter 373, Laivs of 

1889. 

Section 385. The object of the university of Wisconsin 
shall be to provide the means of acquiring a thorough 
knowledge of the various branches of learning connected 
with literary, scientific, industrial and professional pursuits, 
and to this end it shall consist of the following colleges or 
departments, to-wit: 

1. The college of letters and science. 

2. The college of mechanics and engineering. 

3. The college of agriculture. 

4. The college of law. 

5. Such other colleges, schools or departments as now are 
or may from time to time be added thereto or connected 
therewith. 

Section 386. The college of letters and science shall em- 
brace liberal courses of instruction in language, literature, 
philosophy and science, and may embrace such other 
branches as the regents of the university shall prescribe. 
The college of mechanics and engineering shall embrace 
practical and theoretical instruction in the various branches 
of mechanical and engineering science and art, and may 
embrace such additional branches as the regents may de- 
termine. The college of agriculture shall embrace instruc- 
tion and experimentation in the science of agriculture and 
in those sciences which are tributary thereto, and may em- 
brace such additional branches as the board of regents 
shall determine. The college of law shall consist of courses 
of instruction in the principles and practice of law, and may 
include such other branches as the regents may determine. 

Section 387. The university shall be open to female as 
well as to male students, under such regulations and re- 
strictions as the board of regents may deem proper; and all 
able bodied male students of the university, in whatever 
college, may receive instruction and discipline in military 
tactics, the requisite arms for which shall be furnished by 
the state. After any person has graduated at the state uni- 
versity, and, after such graduation, has successfully taught 
a public school in this state for sixteen school months, the 
superintendent of public instruction shall have authority to 
countersign the diploma of such teacher after such examin- 
ation as to moral character, learning, and ability to teach as 
to the said superintendent may seem proper and reasonable. 
Any person holding a diploma granted by the board of re- 
gents of the state university, certifying that the person 
holding the same is a graduate of the state university shall, 
after his diploma has been countersigned by the state super- 
intendent of public instruction as aforesaid, be deemed 
qualified to teach any of the public schools of this state, and 
such diploma shall be a certificate of such qualification un- 



191 

til annulled by the state superintendent of public instruc- 
tion. 

Section 388. No student who shall have been a resident 
of the state for one year next preceding his admission, shall 
be required to pay any fees for tuition in the university, 
except in the law department and for extra studies. The 
regents may prescribe rates of tuition for any pupil in the 
law department, or who shall not have been a resident as 
aforesaid, and for teaching extra studies. 

Section 389. For the support and endowment of the uni- 
versity, there is annually and perpetually appropriated: 

1. The university fund income and all other sums of 
money appropriated by any law to the university fund in- 
come. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public 
or private bounty. 

The entire income of all said funds shall be placed at the 
disposal of the board of regents by transfer to the treasurer 
of said board, thenceforth to be distinct and independent of 
the accounts of the state, and for the support of the afore- 
said colleges or departments of arts, of letters, and such 
other colleges and departments as shall be established in the 
university or connected therewith; but all means derived 
from other public or private bounty shall be exclusively de- 
voted to the specific objects for which they shall have been 
designated by the grantor. 

As amended by Chapter 300, Laws of 1883. 

Section 390. There shall be levied and collected annu- 
ally a state tax of one-eighth (^) of one (1) mill for each 
dollar of the assessed valuation of the taxable property of 
the state, which amount when so levied and collected, is 
appropriated to the University fund income to be used an- 
nually as a part thereof; such increase from one-tenth 
(1-10) to one-eighth (^) of a mill on the dollar of the assessed 
valuation of the taxable property of the state, shall be used 
for the purpose of establishing, under the direction of the 
board of regents of the University, a chair of pharmacy 
and materia medica, and the establishment of an agricul- 
tural experiment station; and in case a surplus accrue from 
the increase for the purpose aforementioned, the board of 
regents shall have power to dispose of the same, in the 
m.anner as of other incomes from this source, and the whole 
appropriation shall be deemed a full compensation for all 
deficiencies in said income, arising from the disposition of 
the lands donated to the state by congress, in trust, for the 
benefit of said income. 

Section 391. The sum of three thousand dollars shall be 
set apart annually, forever, from the receipts of the tax 
mentioned in the preceding section, so soon as a complete 



192 



and well-equipped astronomical observatory shall be given 
to the university on its own grounds, without cost to the 
state, to be expended by the regents in astronomical work 
and instruction; provided, such observatory be completed 
by the fourth of July, A. D. 1879. 

Section 392. The regents shall each receive the actual 
amount of his expenses in traveling to and from, and in 
attendance upon all meetings of the board, or incurred in 
the performance of any duty in pursuance of any direction 
of the board; accounts for such expenses, duly authentica- 
ted, shall be audited by the board, and be paid on their 
order by the treasurer, out of the university fund income. 
No regent shall receive any pay, mileage or per diem, ex- 
cept as above prescribed. 



Chapter 282, Laws of 1889. 

Section 1. To provide for needed additional facilities 
for instruction in the department of mechanic arts, of the 
state university, and for the establishment of courses of in- 
struction in railway and electrical engineering therein, 
there is hereby annually appropriated to the university fund 
income one per cent, of the funds derived by the state from 
the license tax upon railway companies, railway car com- 
panies, or other transportation companies, and upon tele- 
graph companies, telephone companies, and other electrical 

companies. i section l. in addition to the amount author- 

ized to be levied and collected annually, by 
chapter three hundred, of the laws of 1888, there 
shall also be levied and collected annually for 
six years, a state tax of one-tenth of one mill for 
each dollar of the assessed valuation of the tax- 
able property of the state, which amount so lev- 
XVIII. OF led and collected is appropriated to the unlver- iACADE- 
sity fund income, and shall be used by the board 
of regents of the tmiversity for the construction, 
aquipment and maintenance of an armory and 
drill room for the military department of the 
university, a building for the college of law, a 
C building for practical instruction in dairying, 
and such modifications or extensions of existing 
QTrnrrrnxr cjoq buildings as the growth of the university may c^-It^^Iq p,a 
OiliL/llUJM O JO. require. The residue which ''shall remain from »*-^J-i-UUi& es- 
tablished, and ^l^e income hereby provided for shall be used to ted, and f OF 
. , /. ' meet the permanent necessities arising from the ,1 

the perrormar growthoftheunlverslty, and may be applied in sm, tlierO IS 
/-»/->Tic!+i+iT<-c.rl o the same manner as other university Incomes. Vio l-^noT-rl rtf 

COnbllUUieu ci section 2. This act shall take effect and be in '"^ "'^'*^^ "j 
regents of nOI force from and after Uspassage and publication, vemor and 

state superintendent, as ex-officio regents, and of nine ap- 
pointed regents. The term of office of regents appointed, 
commencing with the first Monday of February in the year 
in which appointed, shall be three years and until the ap- 
pointment and qualification of their respective successors; 
and they are now and shall continue divided into three 
classes, so that the term of office of three regents shall ex- 
pire each year; and not more than two such members of the 
board shall reside in any one congressional district. The 
governor shall fill all vacancies by appointment, by and 



193 

with the approval of the senate, if the legislature be in ses- 
sion, and if not, then subject to the approval of the senate 
at the next succeeding session; but in case of a vacancy 
Ibefore the expiration of a term, the appointment shall be 
for the residue of the term only. 

Section 394. The board of regents and their successors 
in office are constituted a body corporate, by the name afore- 
said: and may purchase, have, hold, control, possess and en- 
joy, in trust for the state, for educational purposes solely, 
any lands, tenements, hereditaments, goods and chattels of 
any nature, which may be necessary and required for the 
purposes, objects, and uses of the state normal schools, au- 
thorized by law, and none other, with full power to sell or 
dispose of such personal property, or any part thereof, when, 
in their judgment, it shall be for the interest of the state; 
and shall possess all other powers necessary or convenient 
to accomplish the objects and perform the duties prescribed 
by law. The board of regents shall not sell, mortgage or 
dispose of, in any way, any real estate, nor borrow money, 
without the express authority of the legislature; nor shall 
they contract indebtedness, nor incur liabilities, to exceed, 
at any time, in the aggregate, the amount of money which, 
under the provisions of law, shall then be at their disposal, 
in the hands of the state treasurer; nor shall said board ever 
reduce the amount so at their disposal below the aggregate 
amount of their indebtedness or liability, except in payment 
of such indebtedness or liability. The proceeds of the sale 
of any real or personal estate shall be paid by them into 
the treasury, and shall become a part of the income of the 
normal school fund. The entire income of the normal 
school fund shall be placed at the disposal of the board of 
regents of the normal schools by transfer to the treasurer 
of said board, and shall be distinct and independent from 
the accounts of the state, and be applied for the support of 
normal schools, as provided by law. 

Section 395. The officers of the board shall be a presi- 
dent, vice-president, and secretary; they shall severally hold 
their offices for the term of one year, and until their success- 
ors are elected, and shall perform the duties incident to their 
several offices, and such as are prescribed by the board. 
The state treasurer shall be ex officio the treasurer of the 
board, but the board may appoint suitable persons to receive 
and pay to the treasurer any tuition fees, or other moneys 
that may be due from any student or other person. 

Section 396. The said board shall hold an annual meet- 
ing at the capitol, on the second Wednesday in July in each 
year, or at such time as they may designate. Special meet- 
ings may be called by the governor, or by the president of 
the board, on a petition signed for that purpose by any three 
regents. A majority of the regents shall constitute a quo- 
rum for the transaction of business; but a less number may 
adjourn from time to time. 



194 

Sk(!T10N ;5t»7. Any rej2:ciit nuiy l)c roiuovedfrom ofiic.ofor 
cause, upon reasonable notice, by a vote ot" two-thirds of all 
tlie rodents. No rej^ent or officer, trustee or person, ap- 
])()inted or employed in any position or capacity, connected 
witli normal schools or normal institutes, shall at any time 
act a.s a^'ont of any autlior or publisher of, or dealer in 
scliool books, maps, oi- cliarts, or school library books, or 
school furniture or apparatus, or become interested, directly 
or indirectly in th(^ publication, manufacture, or sale of any 
such, as ajj^ent or otherwise; and for a violation thereof, any 
regent shall be expelled from the board by a majority vote 
of the rej^ents. 

SiooTiON ;}i)8. No member of the board of normal regents 
shall receive any pay for traveling to or attendance at any 
meeting of tlie board ; but for any specific service rendered 
under the direction of the board, other than attending the 
meetings thereof, such compensation may be allowed any 
member, as the board shall deem just and reasonable; and 
such compensation and all moneys actually and necessarily 
expended by any member in traveling, attending meetings, 
or pen-forming any other duty or service, directed to be per- 
formed, shall be paid out of the normal school fund income 
in the state treasury, on accounts presented to and adjusted 
l)y the board, and certificate signed by the secretary and 
prosichnit thereof. 

Sfx^'iton 'M)\). In juldition to those heretofore established, 
the said board of regents may establisli other state normal 
schools, at such places as they may designate, upon sites 
selected by them; and wlien, in their opinion, the educational 
interests of the state reemire it, they may proceed to erect 
suitable buildings upon tne sites so selected, and they may 
enlarge, alter, or repair any normal school buildings. When- 
ever any such site sliall bo donated, then as soon as the title 
thereto shall be vested in them in fee in trust as aforesaid, 
and wlien money is donated, then as soon as such money is 
paid into the state treasury, subject to be paid out only on 
the warrant of the secretary of state, as provided in the next, 
section, or secured to be paid by the deposit with the state 
treasurer, of United States or Wisconsin state bonds, in 
amount equal in value to the sums of money so donated, 
said board may procure suitable plans and specifications for 
such buildings, alterations, or repairs thereof, and employ 
persons to superintend the construction of the same; and 
they may advertise for proposals to erect, repair, or enlarge 
any nornuil s(^hool building, reserving the riglit to reject any 
and all proposals made in pursuance of such advertisements; 
and the expense of such advertising and procuring plans 
and specifications shall bo paid from the normal school fund 
income. • 

Section 100. The said board shall demand and receive 
the sums of money donated and subscribed by any persons, 



195 

or any town, incorporated village, city, or county, to aid in 
the erection of the necessary buildings for normal schools, 
in such manner as said board may prescribe, and apply the 
same in the erection and completion of said buildings, the 
purchase of the necessary books, apparatus, furniture, and 
fixtures, and for various other incidental expenses, to be in- 
curred by said board, in pursuance of the provisions of these 
statutes; and if any surplus shall remain, apply the same to 
the expenses of conducting said normal schools; and any 
deficit which may arise in the erection and completion of 
said building, and purchases aforesaid, shall be paid out of 
the normal school fund income. 

The next section was amended by chapter 98, of the laws 

of 1870, to read as follows: 

Section 401. All payments for the erection, repairs, or 
enlargement of any normal school building, or for fixtures 
and furniture therefor, and all disbursements from the nor- 
mal school fund income, including the expenses of the 
boards of visitors of normal schools, appointed by the su- 
perintendent of public instruction, and the expenses of in- 
stitutes hereinafter in this chapter authorized and provided 
for, shall be made by the treasurer of said board of regents, 
on the warrant of the secretary of said board, countersigned 
by the president thereof, drawn in accordance with the 
directions of the said board of regents, in payment of ac- 
counts duly audited and adjusted in accordance with the 
rules and regulations of ^aid board of regents; and in case 
of a donation, no such warrant shall be issued, until the 
sums donated and subscribed shall have been paid in full 
into the state treasury, nor, in any case, until the work shall 
be done, or services rendered, or buildings erected, or fix- 
tures or furniture purchased, under the direction of the said 
board, entitling the applicant to such warrant, according to 
a contract or agreement with said board for that purpose. 

So much of sections 406 and 409, and of all other acts or 
parts of acts as were inconsistent with the provisions of this 
section, was repealed by the act of 1879 aforesaid. 

Section 402. The exclusive purpose and objects of each 
normal school shall be the instruction and training of per- 
sons, both male and female, in the theory and art of teach- 
ing, and in all the various branches that pertain to a good 
common school education, and in all subjects needful to 
qualify for teaching in the public schools; also to give in- 
struction in the fundamental laws of the United States and 
of this state, in what regards the rights and duties of 
citizens. 

Section 403. Said board shall also establish a model 
school or schools for practice in connection with each state 



196 

normal school, and shall make all the regulations necessary 
to govern and support the same; and they may in their dis- 
cretion admit pupils to such model schools free of charge 
of tuition. 

Section 404. The said board shall have the government 
and control of all the normal schools, and shall have power 
therefor: 

1. To make rules, regulations, a.nd byjaws for the good 
government and management of the same, and each de- 
partment thereof. 

2. To appoint a principal and assistants, and such other 
teachers and officers, and to employ such persons, as may 
be required for each of said sch*ools; to fix the salary of 
each person so appointed or employed, and to prescribe 
their several duties. 

3. To remove at pleasure any principal, assistant, or 
other officer or person, from any office or em.ployment in 
connection with any such school. 

4. To purchase any needful and proper apparatus, books, 
or articles, to assist in instruction, and to provide for all > 
necessary fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study, and the various 
books to be used in such schools. 

6. To cause notice to be given of the opening of such 
schools, and the several terms thereof. 

7. To prescribe rules and regulations for the admission 
of students, but every applicant for admission shall under- 
go an examination to be prescribed by the board, and shall 
be rejected if it shall appear that he is not of good moral 
character, or if applying as a free pupil, will not make an 
apt or good teacher. 

8. To require any applicant for admission, other than 
such as shall, prior to admission, sign and file with said 
board a declaration of intention to follow the business of 
teaching common schools in this state, to pay, or to secure 
to be paid, such fees for tuition as the board may deem 
proper and reasonable. 

9. To cause lectures on any art, science or branch of 
literature to be delivered in any such schools, on such 
terms and conditions as they may prescribe. 

10. To confer by by-laws upon the principals of the sev- 
eral normal schools the power to suspend or expel pupils for 
misconduct, or other cause prescribed in such by-law. 

DIPLOMAS AND STATE CERTIFICATES. 

Section 405. Said board may grant diplomas in testi- 
mony of scholarship and ability to teach, but no such diplo- 
ma shall be granted until such graduate shall have passed a 
thorough and satisfactory examination in the course of 
study prescribed by the board. When any such graduate 



197 

has, after receiving such diploma, taught a public school in 
this state one year, the state superintendent may, after such 
examination as to moral character, learning, and ability to 
teach, as to him may seem proper, countersign the diploma 
of such teacher, and thereafter such countersigned diploifia 
shall be evidence of his qualiftcations to teach in any com- 
mon school, and shall have the force and effect of an unlim- 
ited state certificate. The said board may also, on such 
conditions as they may determine, grant a certificate of 
attendance, certifying that the holder has completed the 
elementary course in a normal school, and is qualified to 
teach a common school; and the said superintendent may 
upon conditions above prescribed respecting diplomas, 
countersign such certificate, and thereafter, such counter- 
signed certificate shall be evidence of his qualification to 
teach in any common school of the state, and shall have the; 
full force and effect of a limited state certificate. 

VISITOKS. 

Section 406. After any state normal school shall have 
commenced its first term, and at least once in each year 
thereafter, it shall be visited by three suitable persons, not 
members of the board, but to be appointed by the state 
superintendent, who shall examine thoroughly into the con- 
dition, organization and management of the school, and 
shall report to the said superintendent their views in re- 
gard to its success and usefulness, and any other matters 
they may judge expedient. Such visitors shall be appointed 
annually, and their report shall bear date of the thirty-first 
day of August, and cover the year preceding such date. 

See section 401, and the comment on the same. 

teachers' intsitutes. 

Section 407. Institutes for the instruction of teachers 
shall be held in each year, in such counties as may be desig- 
nated by the state superintendent, with the advice and con- 
currence of said board, preference being given to such 
counties as receive the least direct benefits from the normal 
schools. The state superintendent, by and with the advice 
and consent of said board, may make such rules and regu- 
lations as they shall deem proper for organizing and con- 
ducting such institutes, and may, by and with the like 
advice and consent, employ an agent or agents to perform, 
such work in connection therewith, as by such rules and 
regulations may be prescribed. Each of said institutes shall 
be held under the direction of such agent or agents, assisted 
by the county superintendent. The course of study pursued 
in such institutes shall, as far as practicable, be uniform, 
and be prescribed by the state superintendent, with the as- 
sistance of such agents, but subject to revision by said board. 
11— S. C. 



198 



As amended by Chapter 7, Laws of 1885. 

Section 408. For the purpose mentioned in the preced- 
ing section, the said board may use such sum, not exceed- 
ing seven thousand dollars in any year, as it may deem 
necessary, of which not exceeding five thousand dollars shall 
be paid from the normal school fund income and not exceed- 
ing two thousand dollars from the general fund, and the state 
superintendent may use such additional sum not exceeding 
one thousand dollars to be also paid from the general fund, 
as he shall deem proper, for the purpose of providing public 
lectures in connection with such institutes, by the profes- 
sor of the theory and art of teaching of the university, and 
such amounts as shall be so expended are hereby annually 
appropriated from the said funds respectively. 

Section 409. The normal school fund income shall, un- 
der the direction and management of the said board, be ap- 
plied, and is hereby appropriated, to the establishment and 
support of the state normal schools and the purposes di- 

■roA^forl in fViid r«>ifir»fpr Sectiou 1. Section 408 of the revised statute^ 
reCtea m tniS OnapLei.-^j-^gjgj^^g amended by chapter 214, of the lawa 
Q ^4-'^ /<r\i n-nA of 1S83, as amended by chapter 7, of the laws of 

bee section 4Ui, anU isSd, relating to appiopriiitions for teachers' in- 
stitiUes, is hereby amended by striking out the 
word "seven," where it occurs in the second line ^ +^ 
of said section, and inserting in lieu thereof the , 
word "eight" and by siriking out the word 5 tlie 
"live" whereit occurs in the fourth line of said ^-nA 
section and inserting in lieu thereof the word ^^--iJ-^ 
"six" and by inserting in chapter seven, of th« ■ ^\\ 
laws of 1885, after the word "university," in the ' , ■, 
twenty-lifth line, the words, "or such other coot- 1110 
peteni person as the state superintendent may -jj^g^]^ 



[Section 410. The 
the sta.te superintende 
thirty-first day of Au| 
detailed account of th 
of their expenditures, 
prospect, progress, a 

schools; and such rep( amended, shall read as follows: Section 408. tne 



different boards of 
legislature by the stat 



designate," so that said section, when 



For the purpose mentioned in the preceding j.i 
section, the said board may use such ■ ^^'^^ 
sum, not exceeiiing eight thousand dol-i an- 
- , , -| lars in any year, as it may deem neces- 

nual report.] saiy, of wWch not exceeding six- thousand 

dollars shall be paid from the normal school 
AinPnHpd hv rhaT)te fund income, and not exceeding two thousand, ^]-^q 
jei-lUtJllueu. uy Oiidpit;. ^^^^^^.^ ^.^.^j^^ ^y^^ general fund, and the state' ^'^'■^ 

r>voai/lATi+- +r> rAnort in superintendent may use such additional sum, „„ 
preSiaeni 10 report TiO not exceeding one thousand dollars, to be also w db 
111 1 J. o. uaid from the ereneral fund, as ho shall deeni j. 

amended by chapter 3; Proper, tor the purpose of providing public >orts 

, -, 1 -I • • m lecturea in connection with such institutes, by 

to be made biennially, theprolessorofthe theory and art of teaching of 

the university, or such other competent person 
us the state superintendent may designate, and 
such amounts as shall be so expended, are 
hereby annually appropriated Irom the said 

Section 411. It shs *'"s;H^io,!^^''™^ract shaiitake efrect and ba." the 

board of trustees of i l" force from and after its passage and pubU-|^g^j.y^ 

and literary or collegiai^"' institution, neretotore incorpo- 
rated, or that shall be hereafter incorporated, to cause t:> be 
made out by the principal instructor or other proper officer, 
and forwarded to the state superintendent, on or before the 
tenth day of October, in each year, a report for the year, 
terminating with the next preceding thirty-first day of 
August, setting forth the amount and estimated value of 
real estate owned by the corporation, the amount of other 
funds and endowments, and the yearly income from all 



199 

sources; the number of instructors and their respective sal- 
aries; the number of students in the different classes, and 
the yearly rates of tuition; the studies pursued and the 
books used; the course of instruction and such matters as 
shall be specially requested by said superintendent, or as 
shall be deemed proper by the president or principal of such 
academies or institutions to enable the state superintendent 
to lay before the legislature, in his annual report, a fair and 
full statement of the affairs and condition of such institu- 
tions. 



XIX. THE STATE SUPERINTENDENT. 



Chapter 11, Revised Statutes. 

Section 164. The term of office of the state superintend- 
ent shall be two years. He shall, within twenty days after 
he receives notice of his election, and before entering upon 
the duties of his office, take and subscribe the constitutional 
oath of office, which oath shall be filed in the office of the 
secretary of state. 

Section 165. The state superintendent may appoint 
under his hand an assistant, who shall take the constitu- 
tional oath of office, which, with his appointment, shall be 
filed in the office of the secretary of state. Such assistant 
shall perform such duties as the superintendent shall pre- 
scribe, not inconsistent with law, and the superintendent 
shall be responsible for all acts of such assistant. 

Section 166. The state superintendent shall have a gen- 
eral supervision over the common schools in this state, and 
it shall be his duty: 

1. To visit so far as practicable, every county in the state, 
for the purpose of inspecting the schools, awakening an in- 
terest favorable to the cause of education, and diffusing as 
widely as possible, by public addresses and personal com- 
munication with school officers, teachers, and parents, a 
knowledge of existing defects, and of desirable improve- 
ments in the government and the instruction of the schools. 

2. To recommend the introduction of the most approved 
text-books, and as far as practicable to secure a uniformity 
in the use of text-books, discourage the use of sectarian 
books and sectarian instruction in. the schools; to advise in 
the selection of books for school-district libraries, and to 
open such correspondence abroad as may enable him to ob- 
tain, so far as practicable, information relative to the sys- 
tem of common schools and its improvements in other states 
and countries, which he shall embody in his annual report 
to the legislature. 



200 



-.4s amended by Chapter 384, Laws of 1889. 

:5. To prescribe rules and regulations for the manage- 
ment of school-district libraries, and the penalty which 
shall be imposed by the district board for any violation of 
such rules and regulations; he shall prepare for tlie use of 
common school officers suitable forms for making reports, 
and conducting all necessary proceedings; he shall cause 
the laws relating to common schools, with the rules and 
regulations and forms aforesaid, and such instructions as- 
he shall deem necessary, to be printed in pamphlet form, 
with a suitable index ; and he shall cause such pamphlets to be 
distributed among the several district and other officers 
having the care of common schools throughout the state;, 
he shall from time to time, by printed circulars and bul- 
letins of information, connnunicate with teachers and 
school officers relating to matters connected with the man- 
agement of public schools and the administration of his- 
office; he shall prepare and publish from time to time, as 
occasion may require, courses of study for ungraded and 
for high schools, witli such comments and instructions ap- 
pended as may be deemed necessary, for distribution to 
school officers, teachers and others interested. The print- 
ing herein authorized shall be done at the expense of the- 
state, by the person authorized to do the state printing. 

4. To examine and determine all appeals, which b}^ law 
may be made to him, according to the laws regulating the 
same, and his decisions thereon shall be final; and to pre- 
scribe rules of practice in respect thereto, not inconsistent 
with law. 

5. To collect in his office such school books, apparatus, 
maps, and charts as can be obtained without expense to the 
state; ard also to purchase at an expense not exceeding one 
hundred and fifty dollars a year, to be paid out of the state 
treasury, rare and valuable works on education, for the 
benefit of teachers, authors, and others who may wish to 
consult them. 

0. To apportion and distribute the school fund income as. 
provided by law. 

7. To make copies when required by any person so to do, 
of any paper deposited or filed in his office, and of any act 
or decision made by him, and certify the same; and he may 
demand therefor twelve cents per folio. 

8. To prepare in each year a report to be delivered by 
him to the governor, on or before the tenth day of Decem- 
ber, containing: 

First. An abstract of all the common school reports re- 
ceived by him from the several clerks of the count}' boards 
of supervisors. 

Second. A statement of the common schools in this state. 

Third. Estimates and accounts of expenditures of the 
school money. 



201 

Fourth. Plans for the improvement and management of 
the common school fund, and for the better organization of 
common schools. 

Fifth. A statement of his official visits, and of his travels 
in making the same during the past year. 

Sixth. All such matters relating to his office, and the 
common schools of the state, as he may deem expedient to 
communicate. 

9. To perform all other duties imposed upon him by law. 

Section 167. The state superintendent shall have an 
office in the capitol, where shall be deposited all papers and 
documents appertaining to the business of his office; and to 
which place communications on the subject of common 
schools may be addressed to him. 

By the general law requiring all state officers to make 
reports biennially, the state superintendent makes report 
but once in two years, but includes therein abstracts of all 
reports received in each year covered by the report. 



Chapter 65, Laws of 1885. 

Section 1. It shall be the duty of the state superintend- 
ent of schools annually to hold at least four conventions, in 
as many different and most convenient and accessible points 
in the state, for the purpose of consultation, advice and in- 
struction, with county superintendents of schools, in regard 
to supervision and management of the public schools. 

Section 2. It shall be the duty of every county superin- 
tendent of schools in this state to attend annually at least 
•one convention of county superintendents, called and held 
by the state superintendent for the purpose of consultation, 
advice and instruction with county superintendents of 
schools upon matters pertaining to supervision and manage- 
ment of public schools. 

Section 3. All actual and necessary expenditures for 
ti'aveling from his residence to the place of holding the 
nearest and most accessible convention, and returning 
thereto, and for board and lodging during the time of actual 
attendance on such convention, shall be paid by the county 
in which the superintendent resides, and bills for such ex- 
penses shall be audited and allowed by the several county 
boards of supervisors, upon the presentation of the same 
with the certificate of the state superintendent attached 
thereto, showing that the claimant attended such conven- 
tion for the number of days specified in the bill; provided, 
not more than one such aoconnt shall be paid in each year. 

^ Section 1. Tiie county toard of supervisors ol 
leach county In this state may allow! the county 
superintendent of schools such sum over and 
above his salary as superintendent, as he shall 
certify that he has actually expended in defray- 
ing his traveling expenses when engaged in his 

offic al duties; provided such reimbursement • 

! shall not exceed two hundred dollars in any one 
year; such expenses to be computed from and 
after April 1, 1891, and shall be audited and 
allowed by the county board of supervisors at 
Its^annual meeting in November of each year. 



202 



XX. CONSTITUTIONAL PROVISIONS. 

[Article 10.] 

EDUCATION. 

Section 1, The supervision of public instruction shall be 
vested in a state superintendent, and such other officers as 
the legislature shall direct. The state superintendent shall 
be chosen by the qualified electors of the state, in such man- 
ner as the legislature shall provide; his powers, duties, and 
compensation shall be prescribed by law; pf^ovided, that his 
compensation shall not exceed the sum of twelve hundred 
dollars annually. 

Section 2. The proceeds of all lands that have been or 
hereafter may be granted by the United States to this state 
for educational purposes (except the lands heretofore granted 
for the purposes of a university), and all moneys, and the 
clear proceeds of all property that may accrue to the state 
by forfeiture or escheat, and all moneys which may be paid 
as an equivalent for exemption from military duty, and the 
clear proceeds of all fines collected in the several counties 
for any breach of the penal laws, and all moneys arising 
from any grant to the state where the purposes of such 
grant are not specified, and the five hundred thousand acres 
of land to which the state is entitled by the provisions of an 
act of congress, entitled, ' ' An act to appropriate the proceeds 
of the sales of the public lands, and to grant pre- emption 
rights," approved the fourth day of Septeiaber,*one thousand 
eight hundred and forty-one, and also the five per centum 
of the net proceeds of the public lands to which the state 
shall become entitled on her admission into the Union (if 
congress shall consent to such appropriation of the two 
grants last mentioned) shall be set apart as a separate fund, 
to be called the school fund, the interest of which, and all 
other revenues derived from the school lands, shall be ex- 
clusively applied to the following objects, to wit: 

1. To the support and maintenance of common schools, 
in each school-district, and the purchase of suitable libraries 
and apparatus therefor. 

2. The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suitable 
libraries and apparatus therefor. 

Section 3. The legislature shall provide by law for the 
establishment of district-schools which shall be as nearly 
uniform as practicable, and such schools shall be free and 
without charge for tuition to all children between the ages 
of four and twenty years; and no sectarian instruction shall 
be allowed therein. 

Section 4. Each town and city shall be required to raise 
by tax, annually, for the support of common schools therein, 



203 

a sum not less than one-half the amount received by such 
town or city, respectively, for school purposes, from the in- 
come of the school fund. 

Section 5. Provision shall be made by law for the dis- 
tribution of the income of the school fund among the sev- 
eral towns and cities of the state, for the support of common 
schools therein, in some just proportion to the number of 
children and youth resident therein, between the ages of 
four and twenty years, and no appropriation shall be made 
from the school fund to any city or town, for the year in 
which said city or town shall fail to raise such tax, nor to 
any school-district for the year in which a school shall not 
be maintained at least three months. 



FORMS 

FOR THE USE OF SCHOOL OFFICERS. 



No. 1. 



Form of oi'der organizing a new school-district, to be filed with the town 

clerk. 

It is hereby ordered and determined that [hei^e describe 
the territory to be comprised in the district, by sections and 
parts of sections] shall hereafter constitute a school-district, 

to be known as school-district No. — , of the town of . 

Given under our hands, this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. > of the town 

E. F. io/ . 

Note. — For form of order organizing joint district, see No. 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to be delivered by 
the town supervisors to a taxable inhabitant of the district. 

Having, on the day of , 18 — , formed a new school- 
district, to be known as school-district No. — , of the town 

of , {or joint school-district No. — , of towns of and 

, in case it be a joint district] comprising the following 

territory : [Here insert the description of the district, as in 
form No. 1] , you are hereby directed to notify every quali- 
fied voter of said district to attend the first meeting thereof, 

which is hereby appointed to be held at the house of , 

in said district, on the day of , 18 — , at — o'clock in 

the noon, by reading this notice in the hearing of each 

such voter, or in case of absence from his place of resi- 
dence, by leaving thereat a written notice of the time and 
place of such meeting, at least five days before the time 
appointed for such meeting, and thereof to make due return. 

Dated at , this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. [ of the town 
• EJ. F. )o/ . 

Note. — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



205 



No. 3. 

Form of notice for first meeting, to be left at the residence of a voter when 

absent. 
To A. A.: 

By direction of the supervisors of the town of , you 

are hereby notified that the first meeting of school-district 

No. — , of , recently formed, will be held at the house 

of , in said district, on the — day of , 

18 — , at o'clock in the noon. Your attendance 

is requested, 

(Signed) G. H., 

Person appointed to give notice. 



No. 4:. 



Form of return to be endorsed upon notice received from town supervisors, 
on the formation of a school-district. 

I hereby certify that I have notified the following named 
persons [here give the names in full], personally, and the 
following named persons [here insert names] by copy, 
according to the directions of the within notice. 

Dated this day of , 18 — . 

(Signed) G. H., 

Person appointed to give notice. 



No. 5. 



Form of notice for a meeting of a school-district, to be dehvered by the 
town supervisors, to a taxable inhabitant, in case there is no officer to 
call a meeting. 

To A. B., a taxable inhabitant of school-district No. — , 

of .■ 

You are hereby directed to notify every qualified voter of 
school-district, No. — , of — -, to attend a meeting thereof, 

which is hereby appointed to be held at the house of 

, in said district on the day of , 18 — , at 

o'clock in the noon, by reading this notice in the hearing 

of such voter, or in case of absence from his place of resi- 
dence, by leaving thereat a written notice of the time and 
place of such meeting, at least five days before the time 
appointed for such meeting. The following is a description 
of said district : [h ere describe the district as in form No. 1. ] 
(Signed) A. B. ^ Supervisors 

C. D. \ of the to'wn 
E. F.Jo/ . 

Note — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



206 
No. 6. 

Form of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the 
territory by sections and parts of sections] shall hereafter 
constitute a school-district, to be known as joint school-dis- 
trict No. , of the towns of [here insert the names of all 

the toivns in which any portion of the district is situated]. 

Given under our hands, this day of , 18 — . 

(Signed) A. B. ) Supervisors 

C. D. >- of the town 
E. F. ) of . 

G. H. ) Supervisors 
I. J. >■ of the town 
K. L. ) of . 

Note. — The above order must be signed by at least two supervisors from 
each town affected by it, and a copy must be tiled with the town clerk of 
each town. 



No. 7. 



Form of acceptance of office by district officei's elected at the first meet- 
ing after the formation of a district, to be filed with the clerk of the 
meeting. 

I hereby signify my acceptance of the office of , of 

school-district No. — , in the town of , to which I have 

been elected. 

Dated this day of , 18 — . 

(Signed) G. H. 



No. 8. 



Form of notice to be given to the district clerk when alteration of the 
boundaries of a district is contemplated. 

To C. D. , Clerk of school-district No. — , of toivn of 



You will take notice that we shall be present at [here men- 
tion the place], on the day of , 18 — , at — o'clock 

in the noon, to hear and decide upon certain proposed 

alterations of the boundaries of said school-district. 

Dated this day of , 18 — . 

(Signed) A. B. ) Supervisors 

C. D. [ of the town 
E. F.)of . 

Note. — In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district or districts to be affected by the proposed alteration. 



207 



No. 9. 

Form of order for altering the boundaries of a school-district. 

It is hereby ordered and determined that the [here de- 
scribe the territory by sections and parts of sections], now 

part of school-district No. — , of the town of , be and 

hereby is taken from said school-district, and attached to 
and made a part of school-district No. — , of said town for 
all purposes whatsoever. 

This order will take effect on the day of , 18 — . 

Given under our hands the day of , 18—. 

(Signed) A. B. ) Supervisors 

C. D. >• of the town 
E. F. ) of . 

Note 1. — The above order must be filed with the town clerk and the 
district clerk; and in case of a joint district the order must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district and filed with the town clerk of each town, and the district clerk 
of each district affected by the alteration. 

Note 2. — The board of each district affected by the alteration may en- 
dorse their consent on the order as follows: 

We hereby consent to the alteration made in school- dis- 
trict No. — , of the town of , agreeably to the within or- 
der of the town supervisors of said town. 

(Signed) G. H,, Director, ) Of said school-district 
E. F., Treasurer, [ No. — , of the town 
C. D., Clerk, ) of . 

Note. — When such consent is not endorsed upon the order, it will not 
take effect until three months after its date, and no order can be made to 
take effect between December 1, and April 1 immediately following. 



No. 10. 



Form of order of town supervisors awarding proportion of value of prop- 
erty to new district. 

To the district clerk of school-district No. — , of the town 

of : 

Having formed a new school-district, No. — , of the town 
of , in part [or wholly] from the territory of your dis- 
trict, we have ascertained and determined the proportion 
of value of the school-house and other property, justly 
due to such new school-district from your district, retain- 
ing such school-house and other property, to be dollars. 

You are therefore to raise and collect by tax, upon the taxa- 
ble property of your district, the said sum of dollars, 

and when collected pay the same to the treasurer of said 
new district. 

Given under our hands this day of , 18 — . 

(Signed) E. F. ( Supervisors 

C. D. ■< of the town 
A. B. (of . 

Note. — In case of a joint district, the above notice must be signerd by a 
majority of the supervisors of each town embraced, in part, in the district. 



208 
No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school- 
district No. — , of the town of , that the annual meet- 
ing of said district for the election of ofiicers and the 

transaction of other business, will be held at , on the 

first Monday, being the — day of July, at 7 o'clock iji tlie 
afternoon [unless some other hour was determined upon by 
the district at the previous annual meeting] . 

Dated this — day of -, 18—. C. D., 

(Signed) District Clerk. 

Note. — The above notice must be affixed to the outer door of the school- 
house, if there be one in the district, and must be posted up in at least three 
other public places, at least six days before the time appointed for the 
meetinor. 



No. 12. 



Form of notice for an adjourned district meeting, when such meeting has 
been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified 

-electors of school-district No. — , in the town of , will 

be held at , in said district, on the — day of , 

18 — , at — o'clock in noon, pursuant to adjournment. 

Dated this — day of , 18—. C. D., 

(Signed) District Clerk. 

Note. — The foregoing must be posted the same as for the annual meet- 
ing. 



No. 13. 

Form of request for clerk to call a special district meeting. 

To A. B., clerk of school-district No. — , of the town of .• 

Sir — You are hereby requested to call a special meeting 

of the above district on the day of , 18 — , at — 

o'clock in the noon, for the purpose of [/lere state the 

business to he transacted]. 
(Signed) 



A. 


B. 


C. 


D. 


E. 


F. 


G. 


H. 


I. 


J. 



Note. — The above notice must be signed by at least five legal voters. 



209 
No. U. 

, Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school- 
district No. — , in the town of , that a special meeting of 

said district will be held at , on the day of , 

18 — , at o'clock in the noon, for the following 

objects: [Hei^e particularly specify each item of business 
to be acted upon.] 

(Signed) C. D, 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in case 
it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
must be personally notified of the meeting, or a copy of the above notice 
must be left at tneir places of residence, at least six days before the time 
appointed for the meeting. 



Form of notice for special school meeting for the purpose of authoriz- 
ing the district board to borrow money from the trust funds of the state, 
and to vote the taxes required by law to be voted, in order to obtain such 
loan. 

Notice is hereby given to the qualified voters o f school- 
district No. — , town of , that a special school meeting of 

said district will be held at , in said district on the 

day of , 18 — , at — o'clock P. M., for the purpose of vot- 
ing on the following propositions, viz. : 

1st. To authorize the school board to make application 
for a loan of dollars from the state trust funds, pay- 
able in years, with interest at the rate of per 

cent, per annum, payable annually in advance, for the pur- 
pose of building a school-house. 

2d. To raise by tax a sum sufficient to pay the principal 
and interest of such loan as it becomes due. 

3d. To raise by tax the sum of dollars, to be collected 

in the tax for the year to aid in building a school-house. 

(Signed) , 

Dated . District Clerk. 



No. 15. 



Form of notice to be given by the clerk of a school-district meeting to the 
oflScers elect who were not present at the meeting. 

To .• 

You are hereby notified that at a meeting of school-dis- 
trict No. — , in the town of , held on the day of ^ 

18 — , you were duly elected of said district. 

Dated this day of , 18 — . 

(Signed.) C. D., 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons elected to office who were not present 
at the time. 



!10 



No. 16. 

Form of refusal to accept district office, to be filed with the clerk of the 

district. 

To the clerk of school-district No. , in the town of- 



You are hereby notified of my refusal to accept the office 
of , to which I was elected at the meeting of said dis- 
trict, held on the day of , 18 — . 

(Signed) G. H. 

Note. — This notice of refusal must be filed within ten days after the 
election, or the person will be deemed to have accepted the office, and be 
liable for non performance of duty. 



No. 17. 



Form of an appointment to fill a vacancy in the district board. 

To A. B. : 

The office of [^clei^k, director, or treasurer'] of school-dis- 
trict No. , of the town of , having become vacant, 

you are hereby appointed to fill such vacancy until the next 
annual meeting in said district. 

Dated this day of , 18 — . 

(Signed) G. H., Director. 

E. F., Treasurer. 
[Or other members of the board, as the case may be.) 

Note. — It requires two members of the board to make an appointment. 
If they neglect for ten days to fill the vacancy, it must be done by the 
town clerk, after the following form; in either case the appointment must 
be filed with the district clerk: 



No. 18. 

Form, when the town clerk appoints. 

To A. B.: 

The office of [clerk, director, or treasurer] of school-dis- 
trict No. , of the town of , having become vacant, 

and the district board of said district having failed to fill 
the same within ten days you are hereby appointed to fill 
such vacancy until the next annual meeting of said district. 
(Signed) C. D., Town Clerk. 

Note. — In case a vacancy in a joint district is to be filled by the town 
clerk, the appointment is to be made by the clerk of the town containing 
the school-house. (See sec. 433.) 



211 
No. 19. 

Form of refusal to accept a district office by appointment. 

To the district hoard of school-district No. [or the town 

clerk as the case may be], of the town of ; 

You are hereby notified, of my refusal to accept the office 

of of school-district No. , of said town, to which I 

was appointed by you on the— — day of , 18 — , 

Dated this day of , IS — . 

(Signed) G. H. 

Note. — The notice of refusal must be filed with the clerk or director 
within five days after the appointment, or the person shall be deemed to 
have accepted the office, and be hable to a fine for non-performance of 
duty. 



No. 20 (Deed or Lease). 

Form of deed of a school-house site. 

Know all men by these presents, that I, A. B. [and C. B., 

his wife, if married] , of the town of . in the county of 

, in state of Wisconsin, party of the first part, for and 

in consideration of the sum of dollars to them in hand 

paid by the district board of "school-district No. , of 

the town of ,"' county of , and state aforesaid, 

the receipt whereof is hereby acknowledged, do hereby 
grant, bargain, sell and convey to the said school-district, 
party of the second part and their assigns, the following des- 
cribed piece of land, namely: [Here insert description of 
land,] together with all the privileges and appurtenances 
thereunto belonging: to have and to hold the same to the 
party of the second part and their assigns forever; and the 
said party of the first part for themselves, their heirs, exec- 
utors, and administrators, covenant, bargain, and agree, to 
and with the said party of the second part and their assigns, 
that at the time of the sealing and delivery of these presents, 
they are well siezed of the premises above conveyed, as of 
good, sure, perfect, absolute, and indefeasable estate of in- 
heritance in the law in fee simple and that the said lands 
and premises are free from all incumbrances whatsoever, 
and that the above bargained premises in the quiet and 
peaceable possession of the said party of the second part 
and their assigns, against all and every person or persons 
lawfully claiming, or to claim, the whole or any part there- 
of, the said party of the first part will forever warrant and 
defend. 

In witness whereof, the said A. B. and C. B. , his wife, 



212 

party of the first part, have hereunto set their hands and 

seals, this day of , A, D. 18 — . 

Signed, sealed and delivered ) A. B. [seal.] 

in presence of E. F. [• ' C. B. [seal.] 

G. H. J 

Note. — Such deed should be duly acknowledged before a notary public, 
justice of the laeace, or other officer authorized by law to take such ac- 
knowledgment, and recorded in the office of the register of deeds for the 
county. 

Form of lease. 

Know all men by these presents, that A. B., of the town 

■ of , in the county of , in the state of Wisconsin, of 

the first part, for the consideration herein mentioned, does 
hereby lease unto "school-district !N"o. — , of the town of 

,"" county of , in the state aforesaid, party of the 

second part, and their assigns, the following described par- 
cel of land: [Here insert description of land]. Together with 
all the privileges and appurtenances thereunto belonging: 
To have and to hold the same for and during the term of 

years, from the day of , A. D. 18 — ; and the 

said party of the second part for themselves and their as- 
signs, do covenant and agree to pay to said party of the 

first part, for said premises, the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set 

their hands and seals, this -day of , 18 — . 

Lessor, [seal,] 
District board of school- 
district No. , of the 

toivn of . 



No. 21. 

Form of contract between district and teacher. 

It is hereby agreed between school-district No. — , of the 

town of , and L. M., a qualified teacher of the county of 

, [or superintendent district No. — , of the county of 

, as the case may he], that the said L. M., is to teach the 

common school of said district for the term of [here insert 

the time,] for the sum of per month, commencing on the 

day of , 18 — , it being understood and mutually 

agreed that days shall constitute a month; and for such 

services properly rendered, the said district is to pay to the 
said L. M. , the amount that may be due according to this 

contract, on or before the day of , 18 — . 

Dated this day of , 18 — . .■ ! 

(Signed). 

A. B., Director. [ 

C. D., Treasurer. 

E. F., Clerk. 

L. M. , Teacher. 



A. 


— u 
B. 


C. 


D. 


E. 


F. 


G.H. 



213 

If the teacher holds a limited certificate, for a single town or district, 
the contract may read: "a qualified teacher of said town," or "said dis- 
trict." 

In case the teacher is employed in a graded school, the particular depart- 
ment for which he is engaged may be specified, and the contract may read: 
" dollars per week," if hired by the week. 

By section 459, printed on page 99 of this code, it will be seen that 20 
days constitute a teacher's month, unless otherwise specified in the con- 
tract. When the teacher is hired at so much a month it is best always to 
specify in the contract how many days of teaching shall be considered a 
month. 

All legal holidays count as school days for both teacher and district, if 
they come on a day when school would otherwise be taught, but as the 
law now provides, Saturdays are not to be counted. If a legal holiday oc- 
curs on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or otherwise care 
for the school-house, it should be so stated in the contract. If not specially 
provided for, the district board must provide for janitor service. 

If the teacher expects the wages to be paid in monthly installments, or 
in partial payments of any kind, that should be clearly stated in the con- 
tract. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has been held. A 
copy of the certificate held by the teacher must be attached to the con- 
tract. See section 438, pages 64, 65, 66, 67 and 68. 



No. 22. 

Form of bond of district treasurer to be filed with the district clerk. 

Know all men by these presents, that we, E. F., treasurer 

of school-district No. — , of the town of , and L. M., his 

surety, are held and firmly bound unto said school-district 
in the sum of [here insert a sum of double the amount to 
come into the treasurer's hands, as near as can he ascer- 
tained] to be paid to the said school-district, for the pay- 
ment of which, well and truly to be made, we bind our- 
selves, our heirs, executors, and administrators, jointly and 
severally, firmly by these presents. Sealed with our hands 
and dated this day of , A. I). 18 — . 

The condition of the above obligation is such that if the 
said E, F, , treasurer as aforesaid, shall faithfully discharge 
the duties of his office as treasurer of said school-district, 
and shall well and truly pay over to the person or persons 
entitled thereto, upon the proper order therefor, all sums of 
money which shall come into his hands as treasurer of said 
district, and shall, at the expiration of his term of office, pay 
over to his successor in office all moneys remaining in his 
hands as treasurer aforesaid, and shall deliver to his suc- 

15— S. C. 



2U 

cessor all books and papers appertaining to his said office, 
then this obligation shall be void, otherwise of full force 
and virtue. 
Signed, sealed, and delivered in 

[seal.] 
"seal.] 



presence of R. S. >• E. F. 

G. H. L. M. 



Form of approval to be indorsed on the bond of treasurer. 

We approve of the within bond and surety. 

(Signed) G. H., Director. 

C. D., Clerk. 



No. 23. 

Form of notice to treasurer to furnish additional security. 
To A, B., treasurer of school-district No. 



SiK: — Deeming the security upon your bond insufficient 
to protect the district against loss, we hereby require you 

to furnish a new bond in the sum of $ , with sureties to 

be approved by us, within ten days of the date hereof. 

Dated this — day of , 18 — . 

(Signed) C. D., Director. 

E. F., Clerk. 



No. 24. 



Form of order on treasurer for moneys to be disbursed by school-district. 

To A. B.. treasurer of school-district No. — , in the toivn 
of •• 

Please pay to the sum of dollars for [/?ere 

specify the object for ivhich the money is to be paid] , out of 
any money in your hands, not appropriated, belonging to 
the [here name the fund on tvhich the order is draivn], of 
said district. 

Dated this — day of , 18 — . 

(Signed ) CD., District Clerk. 

G. H., Director. 



215 
No. 25. 

Form of school register to be kept by the teacher of each school. 

The register furnished by the district should be one ar- 
ranged in four parts. The first part should consist of blank 
pages for entering a daily programme of recitation and 
study. The following is a model page of this part: 



DAILY PROGRAMME OF RECITATION AND STUDY. 



For term from to 



.189—. 
., Teacher. 



Recitations. 


Text-Books. 


Study and Work. 


Beginning. 


CO 

Q 


1 








Branch. 


1 
Book. 


Primary 
Form. 


Middle 
Form. 




Hr. 


Min. 


Upper 
Form. 










































































































■ 



















The second part of the register should consist of blank 
pages for entering the school number, name, age, sex, daily 
attendance and tardiness of every pupil who attends the 
school, with a blank column at the right of the page, if de- 
sired, for a monthly summary, and one for "remarks.'* 
Following is a model for this section. Usually there is 
space for four months of record upon two contiguous pages. 



216 





reachei 


•s' 


Daily Register 


tc 


rt 


he 


T( 


5rn 


1 commencing — 


— , and ending 


, 189 . 












, Teacher. 






School Months, from to . 












Sex. 
























Monthly 










►C 


>, 


rn 






r-^ 


>^ 




^ 






Summaries. 




;-< 






4J 

a; 

CO 


-1^ 
g 

03 


3 


Remarks. 


<u 










r',' 


a 


(U 


t3 


S- 


ni 


cfl 




•^ 


t>^ 




A 


0^ 


*"^ 




S 


i 


6 


6 

1 


g 


O 


m 




3 




o 


73 


0) 


3 




o 

H 


Q 


CO 

Q 


4> 



























































































































































































































































































The third part of the register should consist of blank 
pages for showing the classification of the school, and re- 
cording the progress and standing of each pupil in the sev- 
eral branches of study pursued. Following is a model page 
of this section, which can be repeated for each class in the 
school: 



217 



FIRST (OR SECOND, OR THIRD) CLASS IN GEOGRAPHY. 

Winter (or spring or fall) Term, beginning , ending 

Class commenced Geography, and'advanced to page. . 



6 


Name. 


a5 
<5 


Entered. 


Left. 


Passed 

over 

pages. 


bb 

a 


Pre- 
pared to 
go on 
from. 


Remarks. 


1. 
2. 

3. 


John Jones 
Jane Smith 

H. Peters. . 


15 
13 

14 


Nov. 1 

Nov. 8 

Nov. 10 


March 5 
March 8 

March 5 


19-78 
25-68 

19-66 


100 
68 

100 


Page 78. 
Page 68. 

Page 66. 


Studious. 

Inclined to 
be frivo- 
lous. 

Mother sick. 
Made up all 
gone over 
to Nov. 10. 
Will prob- 
ably make 
up during 
vacation to 
page 78, so 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which will be statistics 
posted from the daily register, and upon which the clerk 
may depend for making up his annual report for the town 
clerk. In this record, no pupil's name should be entered 
but once in any one school year. In all the series of 
records each pupil should be given a school number, which 
he should carry through the school year, whether attending 
school much or little, and this number should be assigned to no 
other pupil during that year. Following is the form of 
this section that may be used: 



218 



Pupils' Record for the School Year commencing 
ending , 189--. 



-, 189—, and 



No. 



Name. 



Sex. 1st Month. 



fe 



Ph 
to 

>> 

Q 



02 

Q 






2d Month. 



Plh 

CO 

Q 



CO 

03 
Q 



03 



! Remarks. 



Notes. — In filling up the daily register, the teacher will, of course, use 
her own preference in signs. The following are suggested: To indicate 
presence in the morning this mark — /; to indicate presence in the after- 
noon this mark — \ ; so that if the pupil is present morning and after- 
noon this sign will appear against the name for that day — X« If tardy in 
the morning the number of minutes may be placed in the" upi,»er angle, 

If) \y 

thus — X; if tardy in the afternoon, indicate in the same way thus — 15^ 

The teacher should take the age of the child, when taking the name, and 
indicate the sex, as initial letters fail to give the necessary information. 

The teacher should carefully add the columns in the daily register at 
the end of each month, which need to be transferred to the ledger, and en- 
ter the summary therein accurately and legibly. 

It is very desirable that each district in the state be fully and accurately 
reported. If one district in a town fails to report fully, the whole town 
suffers from this failure, in comparison with other towns that may be 
fully reported. 

That the register be neatly kept, it will be best for the teacher to use a 
small blank book, in which may be registered the absences for the day, 
and then at night the register may be properly filled and footed. 

Forms of school registers are now published, which are so arranged that 
all the foregoing items are condensed and kept in a single book. In pro- 
curing registers school ofiicers should consult teachers or superintendent, 
and purchase only such as are best adapted to simple yet complete records. 



No. 26. 



Form of notice to town treasurer of apportionment of school moneys by 

the town clerk. 



Ti^easurer of the toum of .• 

You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the 
town, as follows: 



219 



TodistrictNo. 1 $ To district No. 6 

do 2 do 7 

do 3 To joint dist . .1 

do 4 do 2 

do 5 do 3 



18—. 



Dated this day of - 

(Signed) Town Clerk. 

Note. — Immediately upon the receipt of the certificate of the town treas- 
urer, of the amount in his liands (See form No. 27), tlie clerk shall proceed 
to apportion it among the several districts of the town from which repoi'ts 
have been received according to law, and thereupon he must notify the 
treasurer as above, that he may pay the moneys to the treasurers of the 
districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 
apportionment. 

To the town clerk of the town of .• 



I hereby certify that there is now in my hands the sum. of 
school moneys, subject to apportionment to the 



school districts entitled thereto. 

Dated this day of , 18 — . 

(Signed) 



A. B., 

Toivn Treasurer. 



No. 28. 

Form of report of town clerk to the county superintendent, of the names 
and post-office addresses of the district clerks in his town. 

To the county superintendent of schools of the county of ; 

Sir: — I hereby report to you the names of the school-dis- 
trict clerks in the town of , and their addresses, as 

follows : 



District. 


Name of Clerk. 


Post-office. 


No. 1 






A. B 




No, 2 






C. D 




No. 8 






E. F 




No. 4 






G. H 




No. 5 






I. K 




No. 6 






L. M 




Joint 


No. 


1 

2 


N. 






P. R 






3 


S. T 











(Signed) 



A. W., Toivn Clerk. 



Note. — The town clerk must report his own name and post-office to the 
county superintendent within ten days after the said clerk's election, or 
appointment, and the name and office of each district clerk in his town, 
within ten days after the filing of the same in his office. 



220 



No. 29. 

Form of determination of relative proportion of taxes to be assessed upon 
the different parts of a joint district, situated in two or more towns. 

Upon the application of A. B., C D., and E. F., tax-payers- 

in joint school- district No. — , of the towns of and , 

we have made the necessary inquiry and examination, and 
do hereby determine that for every dollar of district tax ta 
be hereafter levied upon that portion of the district, the 

sum of cents shall be assessed upon that portion of the 

district lying in the town of , and cents upon that 

part lying in the town of . 

Dated this day of , 18—. 

(Signed) G. H., ) Assessor's 

J. K., of 
L. M., ) 



N. O., ) Assessors^ 
P. R, [ of 

S. T.,) . 

Note. — If assessors cannot agree, and the supervisors, or supervisors and 
a chairman of an adjoining town are called to act, they will also sign the 
above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to be raised in a school- 
district, to be delivered by the district clerk to the town clerk. 

To R. 8., toivn clerk of the toum of 



The amount of taxes voted to be raised in school-district 

No. — , of the town of , at the last annual meeting of 

said district, held on the day of July, 18 — , is [ivrite 

the amount in ivords'] dollars; which amount you are re- 
quested to assess upon the taxable property therein. 

Dated this day of , 18 — . 

(Signed) C. D., 

Clerk of School-district No. — , of the toivn of . 

State of Wisconsin, County of , ss. 

C. D. , being duly sworn, on oath says that he is clerk of 

school-district No. — , of the town of , and the above 

statement by him made of the amount of taxes voted to be- 
raised by said school-district therein is true. 

(Signed) C. D. 

Subscribed and sworn to before me this day of , 

18—. 

(Signed) J. P., 

Justice of the Peace. 

Note. — If a district has been lately organized and a tax was voted at the 
first meeting, as well as at the annual meeting, that should be stated; also- 
any tax voted at a special meeting, held between the time of the annual 
meeting and the third Monday of November following. 



221 



No. 31. 

Form of statement of the amount of taxes roted to be raised in a joint 
disti'ict, to be deiiv-ered to the clerk of each town in which any part of 
the district is situated. 

To R. S., town clerk of the toivn of ; 

The amount of taxes voted to be raised in joint school- 
district No. — , of the towns of and , at the last an- 
nual meeting of said district, held on the day of July, 

18—, is {ivriie the amount in ivotxls] dollars; and the propor- 
tion of that amount to be raised in that part of said district 

which lies in the town of , is [ivrite the amount in wo?^ds] 

dollars, which you are requested to assess upon the taxable 
property therein. 

(Signed) C. D., 
Clerk of Joint School-district No. — , 
Of the toums of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32. 

Form of application to board of supervisors to establish a school-house site. 
To the hoard of supervisors of the totvn of 



At a regular meeting of school-district ISTo. — , it was de^ 
cided by a vote of a majority of the electors present, to ap- 
ply to your honorable board to establish a school-house site 
for said district. The district has selected [here describe 
the location of the site selected], but is unable to obtain the 
same, for the reason that the owner of the land selected will 
neither lease nor sell the same to the said district [or that 
the owner is a non-resident]. 

(Signed.) A. B., 

District Clerk. 



No. 33. 



Form of certificate of district clerk that the notice for the meeting of the 
supervisors to establish a school-house site has been given. 

To the board of supervisors of the town of ; 

I hereby certify that on the day of , I served the 

following notice upon the owner and occupant of the land 
therein described: [Here insert the notice in form 34.] 

Dated this day of , 18 — . 

(Signed) A. B., 

District Clerk, 

Note. — In case there is no account of the lands selected for a site, and 
the owner is unknown or resides out of the state, the notice must be pub- 
lished in the nearest newspaper, for six weeks previous to the meeting of 
the board of supervisors, and the above certificate must state the facts of 
such publication, instead of personal service. 



222 



No. 34. 

Form of notice for meeting of supervisors to decide upon an application 
to locate and establish a school-house site. 

The undersigned will be present at , on the day 

of , at o'clock in the noon, to decide upon the 

application of school-district No. — , for the location and es- 
tablishment of a school-house site for said district upon 
[here describe the lands upon ivhich it is proposed to estab- 
lish the site.] 

Given under our hands, this day of , 18 — . 

(Signed) A. B., ) Supervisors 

C. D., [■ of the town 
E. F.,)o/ . 

Note. — In case the application is made by a joint district, the supervis- 
ors of all the tovfns in which any part of the district is situated must sign 
the above notice and be present at the meeting to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locating and 
establishing school-house site. 

We hereby certify that on the day of , A. D. 18 — , 

we located and established a school-house site for school- 
district No. — , comprising the following described territory 
[here describe the layids taken for a site according to the 

su7^vey of the same] , and award the sum of dollars in 

full as compensation to the owner [if there are two or more 
oivners of the lands taken, specify the amount awarded to 
each] , of the lands thus taken for said school-house site. 

Dated this day of , 18 — . 

(Signed) A. B,, ^ Supervisors 

Q. D.,y of the toivn 
E. F.,io/ . 

Note. — The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a school-house site, will be the 
same as above, except that in the second line, after the word " established," 
the word " a " will be omitted, and the words " an addition to the " will 
be inserted; and the last two lines will be made to read " taken for said 
addition to said school-house site." 

It^" Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and 
the other to the district clerk of the district, who must have the same 
recorded in the ofiice of the register of deeds of the county in which the 
site is situated. 



223 



No. 36. 

Form of certificate of the sheriff of a vacancy in the office of county 
superintendent of schools. 

To , State Superintendent: 

Sir: — I hereby certify that a vacancy in the office of 
county superintendent of schools for county, Wiscon- 
sin, occurred on the day of , 18 — , by \liere state 

the cause of the vacancy, whether by death, resignation, re- 
moval from the county, or the removal from office of the 
incumbent] . 

Given under my hand and seal of office, this day 

of , 18—. 

(Signed) A. B., 

Sheriff of County, Wisconsin. 



No. 37. 



Form of certificate of a county clerk, of the division of a county into two 
superintendent disti'icts, and of a consequent vacancy in the office of 
county superintendent of schools. 

To , State Superintendent: 

Sir: — I hereby certify that on the day of , 18 — , 

the board of supervisors of the county of , divided said 

county into two superintendent districts; that they have 
determined that the present county superintendent shall 
have jurisdiction of district ISTo. — , and that district No. — , 
therefore remains vacant. 

Given under my hand and seal of office, this day 

of , 18—. 

(Signed) A. B., 

County Clerk of County, Wisconsin, 



No. 38. 



Form of statement of number of children of school age in a county, made 
by county superintendent for county treasurer, and county clerk. 

To A. B., treasurer [or, clerk] of the county of ; 



Sir: — The following is the number of children over the age 
of four and under the age of twenty years, in those districts 
of the several towns in this county [or superintendent dis- 
trict as the case may be] which have maintained school for 



224 



six or more months the past school year, as returned to me 
by the town clerks : 



Town. 


Number of Children. 


Town. 


Number of Children. 


A 




D 




B 




E 




C 




F 













Dated this fifteenth day of August, 18 — . 
(Signed) 
County Superintendent of Schools for- 



G. H., 
— County. 



Note. — The above statement must be filed with the county treasurer and 
county clerk on or before the fifteenth day of August in each year. 



No. 39. 



Form of notices to teacher and district clerk of the intention of the county 
superintendent to annul said teacher's certificate. 

To A. B., teacher in school-district No. — , town of .• 

Sir: — You are hereby notified that it is my intention to 
annul the certificate of qualification now held by you as a 
teacher. 

(Signed) B. B., 
County Superintendent' of Schools for County. 

To E. F., clerk of school-district No. — , of the town of ; 

Sir: — You are hereby notified that it is my intention to 

annul the certificate of qualification held by , now 

employed in teaching in your district. 

Dated this day of , 18 — . 



B. B., 

— County. 



(Signed) 
County Superintendent of Schools for - 

Note. — The above notices must be served upon the teacher and district 
clerk at least ten days before the certificate is annulled. 



No. 40. 

Form of annulment of teacher's certificate and notice to town clerk. 

To A. B.: 

Sir: — The certificate of qualification held by you as a 
common school-teacher in the county [or superintendent 



225 

district or town] of , issued on or about the day of 

', 18 — , is hereby annulled. 

Dated this day of , 18 — . 

(Signed) C. D., 
County Superintendent of Schools for County. 

Note. — The above annulment will not take effect until the following 
notice has been filed with the town clerk of the town in which the teacher 
'whose certificate is annulled is engaged in teaching. 

To the toiun clerk of the town of ; 



Sir: — You are hereby notified that on the day of- 



A. D. 18 — , I annulled the certificate of qualification held by 
A. B., a teacher of your town, for the reason that, in my 
opinion, the said A. B. does not possess the requisite qualifi- 
cations as a teacher in respect to [moral character, learning, 
or ability to teach, as the case may be]. 

Dated this day of , 18 — . 

(Signed) CD., 

County Superintendent of Schools for the County 
of . 



APPLICiTIOX FOR DICnONARIES. 



No. 41. 

Foi'in of application for first supply of a school district. 

State of Wisconsin, County of , ss: 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has never been 

supplied with Webster's Unabridged Dictionary, by the 

state, as provided by law. , 

District Clei^k. 

Post office . 

Subscribed and sworn to before me 1 
this day of , 18 — . ! 

Send by express to , care of . 



No. 42. 

Form of application for supply of additional departments. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — in district ISTo. — , in the of , 

in the county of , ha — never been furnished with Web- 
ster's Unabridged Dictionary by the state, as provided for 

by law; department — unsupplied, ; department — 

heretofore supplied, . , 

District Clerk, 

Post office . 

Subscribed and sworn to before me, 1 

this day of , 18—, I 

Send by express to , care of . 



No. 43. 

Form of application for supply of additional departments in cities. 

State of Wisconsin, , County, ss. 

being duly sworn, deposes and says that the 



public schools in the city of , county of , embrace 



227 



distinct departments, in as many different rooms (not 

including recitation ro®ms), under different teachers, and 
that the following departments in said schools have never 
been supplied with Webster's Unabridged Dictionary, as 
provided by law: 



Departments unsupplied. 


Departments heretofore supplied. 























City Superintendent. 

Subscribed and sworn to before me, 1 
this day of , 18 — . , i 



• J 

Send by express to , care of . 



No. 44. 



■ Form of application for dictionaries by the secretary of a town board. 

State of Wisconsin, County of , ss. 



-, being duly sworn, deposes and says that the 

following subdistrict — , in the town of , county of , 

ha — never been supplied with Webster's Unabridged Dic- 
tionary, as provided by law, subdistricts unsupplied, ; 

subdistricts heretofore supplied, . 

— ^ 

Secretary of Toiun Board of Directors. 

Post-office, . 

Subscribed and sworn to before ] 
me, this day of , 18 — . i 



Send by express to , care of . 



No. 45. 

Form of application for re-supply, when dictionary previously furnished 

is lost. 

State of Wisconsin, — — County, ss. 

— , being duly sworn, deposes and says that district 

No. — , in the town of , county of , has lost by , 



228 



the copy of Webster's Unabridged Dictionary heretofore 
furnished to said district by the state. 

District Clerk. 
Post office, . 



Subscribed and sworn to before me, this day of 

18—. 



Send by express to , care of . 

Note. — The price of the dictionary must accompany the apphcation. 



No. 46. 



Form of application for re-supply, when dictionary previously furnished 

is worn out. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the 

dictionary heretofore furnished to district ISlo. — , in town 
of , county of , is so worn out as to be unfit for use. 

Distinct Clerk. 

Subscribed and sworn to before me, this day of , 

18—. 



Send by express to , care of — 



_^ "The last two forms above can be altered to meet circumstances, in 
case^the application for a re-supply is for a graded school in a city or vil- 
lage. 

m^" Dictionaries are not furnished free for a re-supply, but at the cost to 
the state, $7. The money, or a money order, or a draft must in all cases ac- 
company the application. It is better to send a money order or draft, as 
the state is not responsible if the money is lost. 

J^^ Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city 
or incorporated village, and the post-office of the applicant should be 
given as well as the nearest express station. Dictionaries cannot be sent 
by mail. 



FREE HIGH SCHOOLS. 



No. 4:8. 



Form of resolution proposing establishment of a high school. 

In order that the question of establishing and maintain- 
ing a high school in the town of may be submitted to 

the electors thereof for determination, the following resolu- 
tion is hereby proposed for adoption: 

Resolved, by the town board of the toivn of , That a 

high school be established and maintained in said town. 
The town clerk is directed to give notice that said resolution 
will be submitted to a vote at the annual town meeting {or, 

general election) to be held in said town on the day of 

, 18 — , {or, at a special town meeting or election to be 

held on the day of , 18 — , which the town clerk is 

hereby required to call upon due notice). 

Dated this day of , 18 — . 

{Signatures of Board.) 



No. 49. 

Form of notice that foregoing resolution will be submitted to vote. 

Notice is hereby given to the electors of the town of , 

in the county of , that at a special election which is 

hereby called {or at the annual toivn meeting or general 

election) to be held in said town on the day of , 

18 — , the following resolution will be submitted to the vote 
of said electors: 

Resolved, etc. [as in the foregoing] ; and that at said elec- 
tion members of the high school board will be chosen, to 
take their offices if said resolution be adopted, the clerk for 
one year, the treasurer for two years, and the director for 
three years; their respective terms of office beginning with 
the annual town meeting. 

Dated this day of , 18 — . 

(Signed) — , Toivn Clerk. 

Note. — The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school-districts, the call and notice 
to be signed by the village or district clerk. 

In case the call is for special school -district meeting, it must be signed 
by at least five legal voters of the district, and the notice given at least six 
days before the time appointed. 

16— S. C. 



230 



No. 50. 

Form of certificate to be forwarded to the state superintendent to secure 
participation in apportionment to free high schools. 

This may certify that on the day of , 18 — , the 

legal voters of the town of [or towns of , where two 

or more towns unite, or of school-district No. — , town of 

, where vote is by a school-district, or city, or village] 

adopted a resolution to establish and maintain a free high 
school in said town (or towns, or school-district), and the 
persons whose names are hereunto appended have been 
duly elected to the office appended to their names, respect- 
ively. We further certify that no (or one or more) graded 

school exists in said of . The course of study adopted 

by said high school board for said high school is herewith sub- 
mitted for the approval of the state superintendent, and the 

names and examination papers of , pupils prepared to 

enter said high school, who are residents of said town (or 

towns, or school district) of , are herewith forwarded 

for inspection. The examination of these pupils was held 

on the day of , 18 — , and was conducted by . 

Dated at , this day of , 18—. 

) Director. 

>• Clerk. 

) Treasurer. 

Note. — With this certificate the examination papers of at least twenty- 
five pupils, residents of the high school district, should be forwarded. The 
character and scope of these examinations are commented ui^on in the 
high school pamphlet. 



TOWNSHIP SYSTEM OF SCHOOLS. 



No. 51. 



Form of petition: 

To M. S., Toivn Clerk: 

_ The undersigned electors of the town of , hereby peti- 
tion that the question of township school government in 
said town may be submitted to the electors thereof, at the 
ensuing annual town meeting {o7\ general election). 

Dated this day of , 18 — . 

(Signed) , 



Note — The petition is to be signed by at least ten electors of the town. 



No. 52. 

Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meeting 

{or, general election), to be held in said town of , on 

the day of , 18 — , the question of township school 

government in said town will be submitted to the electors 
thereof, a petition therefor having been presented to me 
signed by ten electors of said town. 

Dated this day of , 18 — . 

(Signed) , Town Clerk. 



INDKX. 



A. 

ACADEMIES— Page. 

incorporated, to report to state superintendent 189,199 

ACCEPTANCE — 

of district office by two officers necessary to organization of 

district 10 

must be in writing, and filed with the district clerk 10 

ACCOUNT — 

of disti-ict board for expenses to be presented to district 

meeting for allowance 63 

to be kept by the district treasurer 81 

ACTIONS — 

to be brought under the compulsory law 74 

director to appear in, for district 79 

director to commence, on treasurer's bond 79 

against town treasurer by district treasurer 83 

against county treasurer by town treasurer 120 

against district treasurer by district 79 

may be brought by any elector in certain cases , 163 

against district clerk for neglect to make report 160 

against town clerk for neglect to make report 160 

against county superintendent for neglect to make report 161 

ADJOURNMENT — 

of school-district meeting 30 , 35 

notice for, when for a longer time than one month 23 

ADMISSION — 

of pupils from other districts 31 ,46 

of persons over twenty into the public schools 31, 46, 68 

AFFIDAVIT — 

of district clerk to be attached to his annual report 112 

to statement of taxes voted 133 

must accompany appeals 155, 156, 157 

must be made to application for dictionaries 163 

AGE OF CHILDREN — 

entitled to attend school free 302 

must be taken and included in the census ... . 114 



234: 

ALTERATION— Page. 

of proceedings of district meetings 33, 51, 53 

ALTERATION OF SCHOOL-DISTRICTS — 

to be made by town board of supervisors 5, 6, 11 

notice of meeting of supervisors to consider 11 

notice of, to be filed with town clerk and district clerk 13 

not to take effect within three months without consent of 

district board 13 

not to take effect between the first day of December and the 

first day of April following 13 

of joint districts, how made 9, 15 

of joint districts, embracing villages or cities 17 

of subdistricts, how made 168 

ANNUAL DISTRICT MEETING — 

when to be held 21 

not to be deemed illegal for want of notice 38 

notice for, how given 33 

powers of 30-53 

must vote on free text-books ^ 33 

ANNUAL REPORT — 

of district clerk 112-117 

of town clerk 117 

of county superintendent 118 

of city superintendent or clerk 119 

of state superintendent 200 

ANNULLMENT — 

of teacher's certificate by county superintendent 93, 101, 107, 160 

notice thereof to be filed with town and district clerk 93 

of teacher's state certificate, by state superintendent. ....... 94, 97 

APPARATUS — 

money to purchase, may be raised by tax 31, 43, 44 

may be purchased by district board 63 

APPEALS — 

from refusal of county superintendent to grant a certificate 

may be taken by applicant 93, 160 

may be taken by other persons in certain cases 154-160 

decisions of state superintendent final 300 

decisions to be made within thirty days after the hearing 

thereof is closed 154 

regulations concerning 155-160 

APPENDAGES — 

board to provide for the school-house 60 

APPOINTMENT — 

to fiU vacancy in district board. ..r 57 



235 

APPORTIONMENT OF SCHOOL MONEYS — Page. 

by town clerk .» 119, 120. 185 

by state superintendent ' 182 

not to be made to districts failing to comply with the law. . . 183 

how affected by alteration of districts 185, 186 

to high school-districts 150-153 



B. 

BLACKBOARDS — 

money may be voted for 31, 43, 44 

BOARD — 



(See county board of supervisors.) 
(See town board of directors.) 
(See town board of supervisors.) 
(See district board.) 

BOOKS — 

for records and other purposes, to be purchased by district 

board 63 

for register, to be furnished by district clerk 84 

to be furnished to indigent pupils 63 

text-books to be determined by district board 71 

text-books adopted by city and village boards of education. . 165 

text-books may be purchased by district 31, 33, 49, 50 

text-books purchased by city and village boards of educa- 
tion 165 

BORROWING MONEY — 

by school- districts 134-139 

by board of school dkectors 179 

BRANCHES — 

to be taught in school 74, 85-87 

additional ones may be taught 85 



c. 



CERTIFICATE- 



of value of school-houses, etc 16 

of town treasurer of moneys to be apportioned 130 

of town treasurer to district clerks of amounts paid to dis- 
trict treasurers 130 

of qualification granted to teachers 87-99 

three grades established 88-91 

third grade, what studies applicants for, must be exam- 
ined in 88 

second grade, what studies applicants for, must be exam- 
ined in 88 

first grade, what studies applicants for, must be examined in 88 



r > I 



236 

CERTIFICA.TE — continued. Page. 

of graduates of free high schools may be countersigned, 

and have force of first grade certificates for four years . . 92 

may be annulled 93, 94, 97, 101 

teacher's state, provided for 93, 94, 96-99 

teacher's state, conditions of 93, 94 

diplomas of graduates of state normal schools, Milwauliee 
normal school, state university, and other colleges, con- 
verted into teacher's state 96-99 

of judgment against school-district 148 

CHALLENGE — 

of voters 27 



CHILDREN — 

of town or county poor, how educated 164 

CITIES — 

districts lying in, how altered 17 

no part of, to be embodied in new joint districts 17 

to make report to county superintendent in certain cases. . . . 119 

to be governed by the common school code in certain cases. 165 

powers of boards of education in cities 165 

CLERK — 

(See district clerk, town clerk,) 

COLLEGES — 

incorporated to report to state superintendent 198, 199 

COMMON SCHOOLS — 

to be free to children of certain ages 202 

no sectarian instruction to be allowed therein 202 

fund for support of 183,302 

to be maintained six months in each year, or not share in 

the fund 183 

fund, how distributed 182-186, 203 

what shall be taught in 74, 85 

government of 68 

exercises in, must be conducted in the English language 74, 85 

COMPULSORY EDUCATION — 

law relating to 73-78 

CONSTITUTIONAL PROVISIONS — 

in regard to state superintendent 202 

in regard to school fund 202 

in regard to common schools 202 



CONSTITUTIONS — 

to be taught in common schools 85 



-Cv*- 



iJci^Y^ 3 c o V- J cJ (jUu^'*^,^,Ju*^iJ^ JJjitzJU^ 



237 

X CONTRACT— Page. 

with teacher to be made by district board 64-68 

certificate to be attached thereto 64 

to be filed in clerk's office 64 

COUNTY BOARD OF SUPERVISORS — 

to levy school tax upon the towns 184 

COUNTY SUPERINTENDENT — 

to examine and license teachers 101 

to visit schools ' 101 

to direct district board to repair school-house 101 

to declare school-house iinfit for use 101 

to annul teacher's certificate 93 , 101 , 107 

to report to county clerk and state superintendent annually. 101, 118 
to transmit to state superintendent names and post offices of 

town clerks 101 

to hold teachers' institutes 102 

to divide his county into inspection districts 102 

to notify district clerks of time and place of meeting for ex- 
amination of teachers 102 

to hold two meetings for examination'of teachers in each in- 
spection district annually 102 

may give applicant private examination 102 

to give county treasurer and county clerk statement of num- 
ber of children in his county over 4 and under 20 years of age 118 

may annul teacher's certificate 101, 107 

to give notice of intention to annul certificate 93 

to file notice of annulment with town and district clerk 93 

to give person appealing from his refusal to grant a cei'tifi- 

cate, his reasons for such refusal 92 

not to act as agent for author, publisher or book-seller 161 

not to engage in teaching or other occupation 102 

to attend annually one convention of county superintend- 
ents ^..j_. 201 

COUNTY TREASURER— ^ ° 1 
to apply to state treasurer for school money apportioned by 

state superintendent 185 

to give notice to town and city treasurers 185 

how to dispose of moneys uncalled for 185 



D. 

DEBTS — 

of school-district, tax may be voted for 31, 43 

of extinguished district, how paid 18 

DECISION — 

of district meeting, town supervisors, etc. , may be appealed 

from 154 

of state superintendent to be final 200 

DEED — 

district board may execute 59 



238 'i 

i 

DICTIONARY— Page. 'i 

Webster's, to be furnished to school-districts 163 "'; 

DIRECTOR— ] 

when to be elected 30 ] 

term of ofl&ce 52 'i 

to call special district meetings in certain cases 23 -; 

to countersign orders on treasurer 79 ] 

to prosecute district treasurer 79 _; 

A . - /f to demand additional security of treasurer 80 7 

DISTRIBUTION— ' ' ' 

of income of school fund 183 

i 

DISTRICT— I 

(See school-districts.) ■' 

•» ] 

DISTRICT BOARD — \ 

who shall constitute it 56 \ 

legal meeting of 56 

to fill any vacancy in their own number 57 

to purchase or lease site for school-house 59 i 

to build school-house 59 ; 

to construct school-house with doors swinging outward 59 : 

to sell school-hovise or site 59 

to have the care of school-house, etc 60 ^ 

to provide appendages for school -house 60 \ 

to keep school-house in repair 60 '■ 

to piu'chase apparatus, record books, blanks, etc 63 ' 

to purchase an United States flag for each school room. ..... 63, 64 • 

to present account of expenses incurred to district meeting . .63 
may purchase school books for children whose parents are 

unable to furnish them 63 

may execute note for insurance premium 61 • 

to levy school tax in certain cases 64 \ 

to hu'e teachers 64, 65 ; 

may make rules for the government of the district school. . . 68 \ 

may suspend or expel pupils 68 ^ 

have power to adopt text-books 71 j, 

to visit and supervise schools 73 ^ 

to give notice to delinquents, under compulsory law 73 j 

to authorize prosecutions under compulsory law 74 ^ 

to designate officers to arrest truant children 74 ^ 

DISTRICT CLERK— ' 

to include moneys due new district in statement of tax j 

made to town clerk 16 j 

to give notice of district meeting 23 ; 

to call special meetings 23 

to demand additional security of treasurer 80 

to report name and post-office of district officers to town \ 

clerk 83 ; 

to keep a record of proceedings of district meetings and of j 

district boai'd 83 •; 

to draw orders on district treasurer 83 i 

to furnish register for use of teacher 84 



239 

DISTRICT CLERK — continued. Page, 

to make I'eport to town clerk 113, 113 

to include the name and age of each person of school age 

residing in the district in annual report 114 

to certify district taxes to town clerk 123, 133 

to subscribe for Journal of Education 163 

DISTRICT LIBRARY — 

(See Public School Libraries. ) 
tax may be voted for 31, 44 

^; of adJQining districts may be united *" 133 

to be in charge of librarian 133 

regulations concerning 133-136 

DISTRICT MEETING — 

first one, how notified 6 

annual, when held 31 

annual, notice for, how given 33 

special, how called 33 

to be called by town supervisors in certain cases 8 

DISTRICT PROPERTY — 

may be sold 30, 43, m 

board to have care of 60 

how divided on division of district 16 

DISTRICT TAXES — 

assessment and collection 133, 123 

Limit of, for all purposes 32 

limit of, for building, hiring, or purchasing school-house. . .30, 38-43 
limit of, for teachers' wages 30, 43, 43 

DISTRICT TREASURER — 

when selected 30, 35-37, 53 

term of office 53, 80 

to call special district meetings in certain cases 33 

to execute and file bond 80 

to give additional security when demanded by director and 

clerk 80 

to receive and pay out moneys 81 

to keep a book and make a report 81 

to hand over to S'wccessor, moneys, papers, etc 81 

to prosecute town treasurer 'S^'t' 0- ^^ 

DIVISION — (J / /» • . 'Uj'.l^Li 

of school-districts 11, 15, 17 

of property 16 

of joint libraries 133 

DUTIES — 

of town clerk and treasurer 119 



240 



E. 

EDUCATION— Page. 

compulsory 73-78 

constitutional provisions in relation thereto 202-303 

of children maintained at public charge 164 

ELECTION — 

of school officers 30, 35, 36, 87, 52-54 

of state superintendent 199 , 202 

ELECTORS OF A SCHOOL-DISTRICT — 

to assemble at first district meeting 8,9 

their powers at first or annual meeting 30 , 52-54 

EMBEZZLEMENT — 

what constitutes 82 

punishment for 83 

EQUALIZATION OF TAXES — 

by town board of assessors 122 

ESTABLISHMENT — 

of school-house sites 129-131 

of free high schools 144-154 

EXAMINATION OF TEACHERS — 

in what branches to be instituted 88 

meetings for, how notified, and when held 103 

private, granted in certain cases 102 

for teachers' state certificates 93 , 94 

as principals of f I'ee high schools 148 

EXPENDITURES — 

of district board, how allowed 63 

EXPULSION — 

of scholars from school 68 



F. 



FEE- 



for tuition of non-resident pupils 31 ,46 

may be remitted to residents over twenty 68 

FINES, FORFEITURES, Etc.— 

for refusal to notify first meeting in new district 161 

for refusal to act as chairman of district meeting 161 

for refusal of district officer to serve 161 



241 

FINES, FORFEITURES, Etc.— continued. Page, 

for neglect of duty by district officer 161 

for neglect of officer to deliver records, papers, etc., to his 

successor 161 ,167 

imposed on district clerk for neglecting to make report 160 

for neglect of town clerk to make report to county superin- 
tendent 16a 

for refusal of town supervisors to carry into effect any de- 
cision of state superintendent 163 

for neglect of county superintendent to make annual report 161 

for neglect of teacher to keep register 100 

for di'awing order for any purpose not authorized by law. . . 161 

for countersigning such order 161 

any elector authorized to prosecute for, in certain cases 163 

for school officers and teachers acting as book agents 161 

for school officers ordering change in text-books, within 
three years of adoption 161 , 163 

FORMATION — 

of school-districts 5-9 

of joint districts 9 

of free high school-districts 144-148- 

of township districts 168 

FORMS — 

to be furnished officers 119 

of affidavits in appeal cases 156 , 157 

of notice of appeal by teacher 159 , 160 

of order organizing new district 204 

of oi'der organizing joint district 206 

of notice for first meeting by town supervisors 204 

of notice for first meeting to be left at residence of voter . . . 205 

of return of notice for first meeting 205 

of notice by supervisors for meeting when there is no offi- 
cer to call one 205 

of acceptance of district office 206 

of notice of meeting to alter district boundaries 200 

of order altering district boundaries 207 

of consent to order of alteration 207 

of awarding projDerty to new district 207 

of notice for annual meeting 208 

of notice for adjourned district meeting 208 

of request for special district meeting 208 

of notice of special district meeting 209 

of notice to officers of election 209 

of refusal to accept district office 210 

of refusal to accept office on appointment 211 

of appointment to vacancy in district board 210 

of deed of school-house site 211 

of lease of school-house site 213 

of contract between district and teacher 213 

of bond of district treasurer , 313 

of call on treasurer for additional security 214 

of order on treasurer 214 

of school register to be kept by teacher 215-218 

of notice of apportionment by town clerk 218 

of certificate of town treasurer to town clerk 219 

of report of names and post-office addresses of district clerks 219 

of statement by district clerk of tax voted 220 

of statement by district clerks of tax voted by joint districts 221 



242 

FORMS — continued. Page. 
of determination of relative proportion of taxes in joint dis- 
trict 220 

of application for establishment of school-house site 221 

of certificate that notice of meeting to establish site has 

been given 221 

of notice for meeting of supervisors to locate school-house 

site 222 

of certificate of establishment of school -house site 222 

of certificate of vacancy in county superintendent's office. . . 223 

of notice of division of county, and consequent vacancy 223 

of statement of number of school children in the county 223 

of notice of intention to annul teacher's certificate 224 

otf annulment of teacher's certificate and notice to town clerk 224 , 225 

of application for dictionary 226-228 

of resolution proposing establishment of high school 229 

of notice that the foregoing resolution will be submitted to 

vote 229 

of certificate to state superintendent of establishment of free 

high school 230 

of petition for submitting question of town system of schools 231 

of notice that the foregoing question will be submitted 281 

FREE HIGH SCHOOLS — 

how established and supported 144-154 

free to all resident pupils 148 

examination for admission to 145 

principals of, qualific^ions, when to be examined 148 



G. 



GOVERNMENT OF SCHOOLS- 



rules and regulations for, to be made by district board 68 

township system of, provided for 168-182 



H. 

HOLIDAYS — 

what days are legal 116 



I. 

INCOME OF SCHOOL FUND — 

to what shaU be applied 202 

how to be distributed 182-187 

when to be apportioned 182-186 

to be applied by districts to payment of teachers's wages 186 

ounty treasurer to apply for 185 

annual state tax to increase the 183 

INSTITUTE — 

teachers', to be hald by each county superintendent 102,110 






/ 



243 



JOINT DISTRICT— Page. 

how formed, or altered 5 , 9 

JOURNAL OF EDUCATION — 

school officers may subscribe for 163 

JUDGMENTS — 

against school-districts, how collected 143,144 

no execution to issue on 143 



L. 

LEASE — 

disti'ict board may lease house or site. 80, 38, 59 

LIABILITIES — 

tax may be voted to discharge 31, 43 

LIBRARIAN — 

of district library, who may be 132, 137 

of joint Ubraries, how appointed 132 

his duties 133, 140-143 



LIBRARY — 

(See Public School Library.) 

of district, amount of tax for 31, 39, 44 

title to be vested in district 132 

►^^ of two or moire apjoining districts may be united 132 

regulations concerning 133-136 

town, law for estabhshing 136 



LIMIT — 

to school-district taxes 30, 31, 32, 42 

LOAN — 

district may make , upon unusual exigency 124 

district may make, to build school-house 125 

from the trust funds, how made 126-129 



244 



M. 

MAP— Page. 

town clerk to make and keep in his ofiSce 119 

to accompany appeals 155 

railroad map of Wisconsin for school-district 163, 164 

money to purchase, may be raised 31, 48, 44, 62 

MISCELLANEOUS LAWS — 

sundry 160-167 



MONEYS — 

not to be apportioned to counties failing to raise amount re- 
quired by law 182 

due new districts, how raised 16 

to be paid to individuals in certain cases 16 

of extinguished districts, how disposed of 18 

may be voted by school-districts 30, 31, 38, 42, 43, 44 

collected of defaulting treasurer, how applied 79 

not to be apportioned to districts which have not maintained 

school six months 188, 186 

not called for in one year to be reapportioned 186 

collected from town clerk and county superintendent, how 

apportioned 161 

collected on forfeitures, how applied 162 



MONTH — 

number of days in 186 

teacher's 99 



N. 

NOTICE — 

of apportionment to bo given to county clerk and county 

treasurer by state superintendent 184 

for first meeting of school-district 6 

in case of neglect of inhabitants to assemble 8 

for meeting of supervisors to alter school district 11 

of alteration of school- district 12 

of alteration of joint school-district 9-15 

of annual district meeting 32 

for si^ecial district meeting 23 

for meeting of supervisors to establish school-house site 129 

for teachers' examination 102 



NORMAL SCHOOLS — 

laws respecting 192-198 



245 



OATH— Page. 

administered to challenged, voter 27 

OFFICERS — 

of school-districts 52 

women eligible to be 164 

of free high school-districts 146 

ORDERS — 

director to countersign 79 

treasurer to pay money on 81 

clerk to draw 83 

ORGANIZATION — 

of a school- district 10 

of free high schools 145-153 



PARENTS, GUARDIANS, Etc.— 

Required to send children to school 73 

PENALTIES — 

(See " Fines and Forfeitures.") 

POWERS — 

corporate, of a district 11 

of a district meeting 30-52 

of a special meeting , 23 , 24 

of a school board 52-78 

PROPERTY - 

of a district to be in care of board 60 

division of, w^hen new district is formed 16,17 

personal, taxable for school purposes 132 

PROSECUTION — 

of actions against school ofiS.cers 79 , 83 , 120 

PUBLIC SCHOOL LIBRARIES — 

money may be withheld from school fund income in each 

town to purchase 136 

books to be purchased annually by town clerk 136 

books to be distributed among school-districts 136 

regulations concerning 138-143 

17— S. C. 



24:6 

PUPILS— Page. 

may be suspended or expelled 68 



Q. 

QUALIFICATIONS — 

of voters 35-27 

of teachers, how determined 87, 88, 89, 93-99 



R. 

♦ 

REAL ESTATE — 

districts may hold 11 

taxes on, how assessed and collected 133 

valuation of, how equalized in joint districts 132 

RECORDS — 

of scbool-distiict, to be kept by clerk 83, 84 

of formation or boundaries may be renewed when lost or de- 
stroyed 30, 31 

REGISTER — 

to be furnished teacher by district clerk 84 

what to contain, etc 100, 215-317 

neglect to keep, forfeits wages 100 

REGULATIONS AND RULES — 

district board to make 68 

prescribed by state superintendent for libraries 133-143 

relating to appeals 155-160 

REMOVAL— 

of district officer by county judge 163 

of county superintendent by circuit judge 103 

REPAIRS OF SCHOOL-HOUSES - 

tax to be voted for 30, 33, 38 

district board to attend to 60 

county superintendent to direct 101 

REPORT — 

of district treasurer 81 

of district clerk 112, 113 

of clerk of joint district 113 

of town clerk 117, 118 

of secretary of town board of directors 172, 173 

of county superintendent 118 

of city superintendent or clerk 119 

of state superintendent 300 



247 

RESIDENCE— Page. 

of voter, how determined 26-29 

of children 112-115 

RULES — 

may be made by district boari 68 

respecting appeals 155-160 



SALARY — 

of district clerk provided for 31, 51 

SCHOLARS — 

age of, to attend school free 203 

may be admitted from other districts 31, 46 

may be suspended or expelled 68 

residence of -47, 48, 115 

SCHOOL BOOKS — 

district board shall determine what shaU be used 71 

state superintendent to recommend 199 

district board may purchase for indigent pupils 62 

districts may authorize boards to purchase 31, 49 

city and village boards of education may adopt 165 

these boards may^purchase 165 

annual meeting must vote on free text-books S2 



SCHOOL-DISTRICTS — 

how formed 5-9 

to consist of contiguous territory 5 

not to be altered so as to leave indebtedness exceeding five 

per centum of valuation 5 

size of 5 

notice for first meeting of 6 

organization, how restored 8 

when to be considered organized 10 

oflicers of, to file written acceptance of office 10 

corporate powers of 11 

to be bodies corporate 11 

contracts with 11 

qualification of voters in 25-29 

alteration of • • 11-18 

alteration of, not to take effect for three months, in certain 

cases 12 

not to be changed between 1st day of December and 1st day 

of April following 12 

joint, how formed 9 

officers of 52-54 

powers of 30-52 

extinguishment of 11, 17 

annual meeting of, when held 21 

notice for annual meeting of, how given 32 

may borrow money 31 , 124-1 39 

judgment against, how collected , 143, 144 



248 

SCHOOL FUND INCOME — 

(See Income of School Fund.) 

SCHOOI^HOUSES— Page. 

site of, how designated and established 30. 37, 129-132 

tax to build, how limited 30, 32, 38-42 

may be sold. 30, 43, 59 

district board to have the care of 60 

district board to provide appendages for 60 

district board to repair 60 

repairs on, may be ordered by county superintendent 101 

may be declared unfit for use 101 

SECTAEIAN INSTRUCTION — 

not allowed in district schools , 203 



SITE OF SCHOOL-HOUSE — 

how designated 30 , 37 , 38 

how established in certain cases 129-131 

what lands may not be taken for 131 

SCHOOL FUND — 

how formed 202 

distribution of income of <, 182-186 

SPECIAL DISTRICT MEETING — 

notice for, how given 23 

how called .- 23 

tax or loan voted at, how coUe cted 122 , 123 

STATE CERTIFICATES — 

provided for , ■. . . 93-95 

limited 93,94 

diplomas of graduates of state normal schools, state univer- 
sity, and other colleges, when countersigned become 96-98 

STATE SUPERINTENDENT- 

to apportion income of school fund 183 

to certify apportionment of school fund income 184 

not to apportion money in certain cases 182 , 183 

to decide appeals 154,200 

to f uriush school officers with blanks for their annual reports 119 

to furnish amendments of school law to districts 119 

STUDIES — 

to be taught in school 85 

in which applicants for certificates are to be examined 88 

in which principals of free high schools are examined 148 

SUIT — 

district to give direction for prosecution or defense of 31 ,51 

against district, director to defend 79 



249 

SUPERVISORS— Page. 

(See town board of supervisors, and county board of supervisors.) 



T. 



TAXES — 



to be raised by towns and cities for support of schools 183 ,183 

to raise money due new districts, how assessed 16 

for school-house and site, limitation of 30,33,33,38,43 

for payment of teachers' wages 30,33,43,43 

to pay district indebtedness 31 ,43 

for the purchase of maps, charts, and apparatus 31 ,43,44 

for district library 31 ,44,45 

not to be voted at special meeting unless tliree- fourths of the 

legal voters are notified of the meeting 33 

general district, how assessed and collected 133,133 

special district, jiow collected 133,133 

school-district, on what property to be assessed 133 , 133 

to pay judgment against district, how assessed and col- 
lected 143,144 

deficiency in levy to be made up 183 , 183 

total amount that may be levied by school-district 33 

for free high schools to be levied by board 150 

for free high schools may be limited by vote of the town. . . 150 

for free high schools in joint districts may be hmited by 
town boards of supeiwisors 150 

TEACHERS — 

tax for wages of, limited 30, 33, 43, 43 

to keep register 100 

to report to district board and county superintendent 100 

to be examined and licensed 87, 88 

to forfeit wages for neglect to keep register 100 

TEACHERS' INSTITUTES — 

to be held by county superintendent 103, 110, 111 

expenses of, how provided for 197, 198 

TERMS — 

of school may be fixed by vote of district 31 , 50 

TEXT-BOOKS — 

district may authorize board to purchase 31, 49 

disti'ict board to select 71 

to make list of, file it with the clerk, and post it in the school 

room 71 

list of, adopted not to be changed for three years 71, 165 

penalty for changing the list of, adopted 161, 163 

adopted by city and vOlage boards of education 165 

purchased by these boards on what conditions 165 

laws relating to 31, 33, 49, 50, 71, 161, 163, 165, 199 

TOWN BOARD OF DIRECTORS — 

provided for 168 

powers of 168, 170 



250 • 

TOWN BOARD OF SUPERVISORS — Page. 

to form and alter school-districts 5-9 

to issue notice for first meeting of 6 

to call meeting in district having no ofl&cers to call same 8 

to ascertain and determine the amount of property due new- 
district 16, 17 

to dispose of property of extinguished district 18, 19 

to locate and establish school-house site 129-131 

■^ to be fined -for refusal to carry into effect any decision of 

state superintendent 162 

TOWN CLERK — 

to fill vacancy in district board 57 

to make a report to county superintendent 117, 118 

to see that district clerks make correct reports 119 

to file reports and papers 119 

to record description of school-districts * 119 

to make a map of town 119 

to report name and post-office of himself and of district 

clerks to county superintendent ! 119 

to apportion school moneys 119, 120, 185, 186 

to re-apportion moneys not called for in a year 186 

to assess district taxes 123 

to assess tax to pay judgment against school-district 143 

TOWN TREASURER — 

to receive and pay out school money 120, 121 

to certify to town clerk amount of school money in his 

hands 120 

to certify amounts paid by him to districts previous year . . . 120 

to prosecute covinty treasurer 120 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT — 

provided for 168-179 

advantages of 180-183 

TRANSFER — 

of deficiency in county school tax 182, 183 

TRUST FUNDS — 

loans may be made from 126, 129 

u. 

UNIVERSITY — 

of the state provided for ^ 187 

laws in relation to 187, 193 



V. 

VACANCY — 

in district board, how filled 55, 57 

how mav occur 55 



251 

VALUATION— Page. 
of property in joint districts, to be equalized by town assess- 
ors 133 

VISITING SCHOOLS — 

required of_school officers 73, 101, 108-110, 148, 153, 171, 197, 199 

VOTERS — ^ 

who may be 35-37 



w. 

WAGES OF TEACHERS — 

tax voted to pay 30, 43,43 

to be specified in contract 64-67 

public money to be applied in payment of 186 

when forfeited 183, 183 

WEBSTER'S DICTIONARY — 

how distributed 163 

forms of application for 386-338 

WOMEN — 

eligible as school officers 164 

may vote at elections on school matters 36 



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